R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 22077 of 2026 ========================================================== DILIPBHAI SHANKARBHAI CAHUDHARY Versus STATE OF GUJARAT ========================================================== Appearance: MR VIRAT G POPAT(3710) for the Applicant(s) No. 1 MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 30/09/2026 ORAL ORDER 1. Heard learned advocate Mr.Virat Popat appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Utkarsh Sharma 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 filed 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. 11201018250037/2025 registered with CID Cybercrime Police Station, Gandhinagar for the offence punishable under Sections 318(4), 61(2), 317(2) of the BNS R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) and Section 66(d) 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 filed, no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended 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 vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the 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:- R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) i. The allegation being that the accused had transacted through the medium of mule accounts more particularly the amount in question being proceeds of cyber offence. ii. Insofar as the present applicant is concerned, it would appear that the applicant had acted both, as a mule account holder as well as a person who had coordinated accounts of other accused, and he had given to co-accused one Sagar Amrutiya. iii. While a total of around Rs. 1.6 Crores had travelled to the accounts of the applicant and the accounts which had been supplied by the applicant, yet, the disputed amount is only Rs. 8.33 Lakhs. iv. This Court notices that the amount which has come, being proceeds of cyber crime appear to be comparatively nominal. v. It also appears that the present applicant has one antecedent offence of similar nature and an offence subsequently registered of similar nature. vi. This Court notices that a total of 242 complaints have been registered in NCCR Portal with regard to the accounts in question. vii. It also appears that a mule account holder in whose R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) account around Rs. 3.77 Lakhs had travelled, had been considered for release on regular bail by this Court vide order dated 05.05.2026. viii. This Court has also noticed the fact that the present applicant has been released on regular bail by the learned Sessions Court in the antecedent offence vide an order dated 20.03.2026. ix. This Court also notices that in the subsequent offence, the present applicant is not named as a accused in the FIR as well as in a report by the Investigating Officer dated 10.07.2026 to the learned Chief Judicial Magistrate . x. This Court also notices that the applicant is in custody since 09.11.2025. xi. This Court has also noticed that co-accused, though having slightly lesser role than the present applicant, had been considered for release on regular bail. xii. Having regard to the same, while this Court is inclined to allow this application, yet, appropriate conditions are required to be imposed. 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 R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) [2012] 1 SCC 40. 7. 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 fit case to exercise the discretion and enlarge the applicant on regular bail. 8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11201018250037/2025 registered with CID Cybercrime Police Station, Gandhinagar, on executing a bond of Rs.1,00,000/- (Rupees One Lakh 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; [d] not leave the State of Gujarat without prior permission R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) of the Sessions Court concerned; [e] 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 residence without prior intimation to the I.O.; [f] mark presence once a fortnight for a period of six months, and thereafter once a month for a period of six months before the concerned police station. 9. 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 Court concerned will be free to 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 law. 11. 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 R/CR.MA/22077/2026 ORDER DATED: 30/09/2026 (GJHC240676232026) considering the application of the applicant for being released on regular bail. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 01/10/2026 14:42:05