R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 25676 of 2025 ============================================== MEET PRAKASHBHAI RAVAL (MEET S/O PRAKASHBHAI NATWARLAL RAVAL -AS PER CHARGE SHEET) Versus STATE OF GUJARAT ============================================== Appearance: A S TIMBALIA(7372) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/08/2026 ORDER 1) RULE. Learned APP waives service of rule for the respondent-State. 2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11206073240552 of 2024 registered with Vadnagar Police Station, Mahesana for the offences under Sections 316(2), 316(5), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita. 3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. Investigation is over and chargesheet has been filed. One after another three FIRs are registered against the applicant wherein similar allegations are levelled against the applicant. In other offences the applicant is released on bail. As per the case of prosecution whatever allegations are levelled the same are against the first layer amount deposited in the account of Hub Brokerage R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 and other co-accused Anil Thakor has provided his account wherein amount of Rs.1,68,70,588/- was transferred and in the account of other co-accused Dashrath Thakor the amount of Rs.1,46,80,909/- was transferred. Though those co-accused are already enlarged on bail by the learned Sessions Judge. Even the co-accused Lovesh is also released on bail by the learned Sessions Judge. While the bail of the applicant was dismiss on the ground that the amount of Rs.1 crores is transferred in the account of the applicant, which is incorrect and misleading submission on the part of the prosecution agency before the learned Sessions Judge. If we peruse the investigation papers it reveals that the accused no.5 has maintained the account of Hub Brokerage with Bandhan Bank, Axis Bank and Kotak Mahindra Bank and in total amount of Rs.5,49,30,330/- was deposited and the said amount was diverted in different accounts of the co-accused including Anil, Kanu and Vijay. Out of the said amount, the co-accused Lovesh has received Rs.7,28,903/- while the applicant has received Rs.5,50,000/- in his Aix Bank account and Rs.1,59,390/- in his Bandhan Bank account in total Rs.7,09,390/-. The applicant is released in all the other offences. The alleged purchase of gold has nothing to do with the impugned offence as already separate offences are registered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4) Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that the applicant is the mastermind of the present offence as he is the Cyber Law Expert and taking disadvantage of his knowledge in aid of his brother used to run a call center and lured the people and deposited the amount of cyber fraud in different accounts and siphoned the money and purchased gold through UPI and bank R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 entries. In the bank account of the applicant more than Rs.1 crore was transferred. The other co-accused who are released on bail are having lesser role than the applicant. There is every possibility that, if the applicant is released on bail, he will indulge in similar offences and try to tamper with the evidence. Therefore, present application does not deserve consideration. 5) While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. 6) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) As per the case of prosecution the accused persons used to give tips to the people for investment in stock- market through an application namely Market Plus and engaging dialer to dial the call lured the people for making investment and to purchase the shares. One account came to be opened using the dummy SIM Card and papers wherein the amount of Rs.3 crores under the pretext of commission and hefty return was R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 deposited. In total Rs.5,49,30,330/- amount was deposited by the accused no.5 Maulik. The accounts of Hub Brokerage were maintained with Bandhan Bank, Axis Bank and Kotak Mahindra Bank. It is further alleged that in the said accounts in total Rs.14,57,00,000/- was deposited in the first layer and said fraud amount came to be siphoned in different bank accounts due and out of the said transaction Rs.7,09,390/- came to be transferred in the account of the applicant. The similarly situated co-accused Lovesh and Anil are released on bail. Merely the co-accused is the brother of the applicant who is yet to be arrested is not a ground to curtail the liberty of the applicant. So far the allegation of purchasing the gold is concerned, for that another offence is registered. So far other arguments canvassed by both the learned Advocates are concerned this Court is restricted to make any comment on the said aspect more particularly in the impugned offence investigation is transferred amidst and since inception selective approach is adopted during the investigation on the part of the concerned Investigating Agency. Whatever role is submitted while deciding the bail application of the co-accused either before the coordinate Bench or Sessions Court, different stands have been taken by the Investigating Agency. Even if we peruse the said fact the said stand was factually incorrect at that event also the State has not assailed the said order before any Appellate Forum. Considering the aforesaid fact this Court is not inclined to pass further comments, so far while deciding the bail application the Court has to consider the role of the applicant, present application deserves consideration.; R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 (2) Applicant is behind the bars since 23.06.2025; (3) The applicant is having six past antecedents however the accused is governed by presumption of innocence unless and until proved guilty; (4) Investigation is over and charge-sheet is filed; (5) There is nothing to be recovered or discovered from the applicant; (6) Offences are triable by the Court of Magistrate; (7) Obviously commencement and conclusion of trial will take some time. 7) This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. 8) In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11206073240552 of 2024 registered with Vadnagar Police Station, Mahesana on executing a personal bond of Rs.25,000/- (Rupees Twenty-five R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he; (a) shall not take undue advantage of liberty or misuse liberty; (b) shall not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) shall surrender passport, if any, to the Trial Court within a week; (d) shall not leave the territory of the State of Gujarat without prior permission of the Trial Court concerned; (e) shall mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) shall furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court; (g) shall not to enter District - Mahesana for a period of six months except for marking presence before the concerned police station and/or for attending Court; (h) shall not indulge in any illegal activity, failing which the learned trial Court shall issue warrant and cancel the bail of the applicant. 9) 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 issue warrant or take appropriate action in the matter. 10) 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 R/CR.MA/25676/2025(GJHC240860002025) ORDER DATED: 25/08/2026 law. 11) At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. 12) Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 25/08/2026 18:24:05