R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 6058 of 2026 ========================================================== RAHULKUMAR RAJESHKUMAR AGARWAL Versus STATE OF GUJARAT ========================================================== Appearance: MR NK MAJMUDAR(430) for the Applicant(s) No. 1 MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1 MR NIRAJ SHARMA, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 01/04/2026 ORAL ORDER 1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicant has led this application under R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11201018250032 of 2025 registered with CID Cyber Crime Police Station, Gandhinagar for the o1ence punishable under Sections 318(4), 317(2), 61(2), 336(2), 336(3), 338, 340(2) of BNS, 2023 and Section 66D of the IT Act. 4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is led, further incarceration of the applicant will not bene t the Investigation O1icer in any manner. It is further submitted that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. 5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of o1ence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The applicant is a resident of Dahod, hence would be available at the time of trial; ii. The applicant has one criminal antecedent which is registered at BruhnMumbai Cyber Police, North Zone. iii.Co-accused Kamlesh Ashokbhai Shen and Kishor Parmar have been enlarged on regular bail by this court vide orders dated 09.03.2026 and 25.03.2026 passed in Criminal Misc. Application Nos. 1785 and 6934 of 2026 respectively; R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 iv. The investigation is over and charge-sheet has been led; v. The applicant is not the bene ciary of the proceeds of crime; 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. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that, this is a t case to exercise the discretion and enlarge the applicant on regular bail. 9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11201018250032 of 2025 registered with CID Cyber R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 Crime Police Station, Gandhinagar on executing a bail bond of Rs.25,000/- (Rupees Twenty Five 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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall le an a1idavit to that e1ect; [d] not leave the State of Gujarat without prior permission of the Trial Court concerned; [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond together with documentary proof and shall not change his residence without prior intimation to the I.O. and the court; R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 [f] mark his presence once a week before the concerned police station for two years; [g] not indulge in similar kind of o1ence hereinafter, for which, he shall le a1idavits before the concerned court and the police station; 10. The Authorities will release the applicant only if he is not required in connection with any other o1ence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law. 11. Bail bond to be executed before the trial 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. 12. At the stage of trial, the competent court shall not be inEuenced by any observations of this Court which are of R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) DIVYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/04/2026 18:12:35