R/CR.MA/20336/2025 ORDER DATED: 22/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 20336 of 2025 ========================================================== NAWAZ @ BAPU FARUKHKHAN BUKHARI Versus STATE OF GUJARAT ========================================================== Appearance: MR JIGAR B OZA(11654) for the Applicant(s) No. 1 MR JAY MEHTA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 22/01/2026 ORAL ORDER 1. Heard learned Advocate Mr.Jigar B. Oza on behalf of the applicant and learned Additional Public Prosecutor Mr. Jay Mehta on behalf of 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. 11192011240756 of 2025 registered with Bopal Police Station, Ahmedabad Rural for the offences punishable under Sections 61, 316(2), 319(2), 336(2), 336(3), 336(4), 338 and 340(2) of Bhartirya Nyay Sanhita, 2023 and sections 66-C and 66-D of the Information Technology Act. Page 1 of 5 R/CR.MA/20336/2025 ORDER DATED: 22/01/2026 4. Learned Advocate on behalf of the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled against, 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 submitted that 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. This Court has heard learned Advocates for the respective parties and perused the FIR including charge-sheet as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. Following aspects are considered: (i) The offence being of one punishable under Sections 61, 316(2), 319(2) etc., of the BNS alleging that the accused had hatched a criminal conspiracy whereby the accused had lured the complainant and other such persons to invest in a non- existent company and having withdrawn the amount without giving any return whatsoever. (ii) The allegation against the present applicant being that p. 2 R/CR.MA/20336/2025 ORDER DATED: 22/01/2026 he had provided bank accounts where the proceeds of the crime were deposited and subsequently the applicant had withdrawn some of the amounts from the said account and had passed it over to the main accused. (iii) It would appear in this regard that the applicant, had provided thirty accounts and had received a commission of Rs.6,00,000/- that is Rs.20,000/-per account. (iv) It also does not appear that the present applicant was part of the main conspiracy more particularly the fraud running into around Rs. 1.44 Crores. Considering the above it appears the applicant was not part of the conspiracy and he provided account of number for a commission and also considering that the applicant had been arrested on 30.05.2025 and the charge-sheet having been filed by the investigating officer this Court is inclined to consider this application. 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 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. Page 3 of 5 R/CR.MA/20336/2025 ORDER DATED: 22/01/2026 9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11192011240756 of 2025 registered with Bopal Police Station, Ahmedabad Rural on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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 of the Sessions Court concerned; [e] Mark his presence in the concerned Police Station 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. 10. 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 p. 4 R/CR.MA/20336/2025 ORDER DATED: 22/01/2026 free to take appropriate action in the matter. 11. 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. 12. 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. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) MISHRA AMIT V. p. 5 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 23/01/2026 11:48:26