Gujarat High Court
Saurabh @ Shivang S/O Bharatbhai ... vs State Of Gujarat on 3 December, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/24253/2025 ORDER DATED: 03/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 24253 of 2025
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SAURABH @ SHIVANG S/O BHARATBHAI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR. ANIRUDDHSINH V. KUSHWAHA(18265) for the Applicant(s) No. 1
MR JAY MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/12/2025
ORAL ORDER
1. Heard learned Advocate Mr. A.V. Kushwaha on behalf of the applicant and learned Additional Public Prosecutor Mr. Jay Mehta for the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11191067250123 of 2025 registered with Cyber Crime Police Station, Ahmedabad City for offences punishable under Sections 338, 336(3), 340(2), 318(4), 319(2), 204 and 3(5) of the Bhatriya Nyay Sanhita, 2023 before filing of the charge-sheet more particularly the application preferred by the applicant having been rejected Page 1 of 4 Uploaded by NIRU AMIN(HC00211) on Fri Dec 05 2025 Downloaded on : Mon Dec 08 20:38:50 IST 2025 NEUTRAL CITATION R/CR.MA/24253/2025 ORDER DATED: 03/12/2025 undefined by the learned Trial Court.
4. Learned Advocate for the applicant submits that the applicant is behind bar since 13.10.2025. It is further submitted that considering the nature of allegation, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail.
5. The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.
6. This Court has heard learned Advocates for the respective parties and perused the FIR as well as passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.
7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
8. This Court has also considered the following aspects:
(i) While the allegation levelled in the FIR being very serious that is the complainant having been subjected to digital arrest and the total amount of Rs. 5750000/- having been extorted from the complainant, yet, insofar as the present applicant is concerned, role appears to be limited of having provided his account where Rs.700000/- of the total amount, had been deposited and whereas the applicant having given the said amount to the co-accused, he had received commission of Rs. 3000/-Page 2 of 4 Uploaded by NIRU AMIN(HC00211) on Fri Dec 05 2025 Downloaded on : Mon Dec 08 20:38:50 IST 2025
NEUTRAL CITATION R/CR.MA/24253/2025 ORDER DATED: 03/12/2025 undefined
(ii) It would appear that the remand of the present applicant is over and whereas, the Investigating Officer also stating in the affidavit before the learned Sessions Court as regards the limited role of the present applicant as described above.
(iii) The fact of the applicant being a young person aged around 24 years without any antecedent.
(iv) The fact of the applicant being in custody since 13.10.2025.
9. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
10. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11191067250123 of 2025 registered with Cyber Crime Police Station, Ahmedabad City on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week;
Page 3 of 4 Uploaded by NIRU AMIN(HC00211) on Fri Dec 05 2025 Downloaded on : Mon Dec 08 20:38:50 IST 2025NEUTRAL CITATION R/CR.MA/24253/2025 ORDER DATED: 03/12/2025 undefined [d] not to leave the State of Gujarat without prior permission of the Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a week till charge sheet is filed and thereafter once in a month for a period of six months between 11:00 a.m. to 2:00 p.m. [f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O.
11. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
12 Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
13 At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.
14. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 4 of 4 Uploaded by NIRU AMIN(HC00211) on Fri Dec 05 2025 Downloaded on : Mon Dec 08 20:38:50 IST 2025