R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 8178 of 2026 ========================================================== NIMESH ASHOK PADVE Versus STATE OF GUJARAT ========================================================== Appearance: MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 MS JIRGA JHAVERI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 28/04/2026 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 filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 connection with FIR being C.R. No. 11822024250018 of 2025 registered with Cyber Crime Police Station, Navsari for the offence punishable under Sections 317(2), 317(4), 318(4), 319(2), 61(2) & 3(5) of Bhartiya Nyaya Sanhita, 2023 and under Sections 66(c) & 66(d) of I.T. 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, further incarceration of the applicant will not benefit the Investigation Officer 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. Learned advocate for the applicant has submitted that, the applicant is ready and willing to deposit Rs.2,10,000/- which has come into his account from other states, without prejudice to his rights and contentions within such time, as the court may deem fit. Page 2 of 8 R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 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 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 permanent resident of Navsari, hence would be available at the time of trial; ii. The applicant has no criminal antecedents; iii.As per the prosecution case, the applicant had got his friends and relatives open new bank accounts, R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 which were managed by him; iv. Also, as per the prosecution case, co-accused Rahul Nandu Kumavat had given his bank accounts to co- accused Anand Rameshbhai Rudani and the applicant and co-accused Anand Rameshbhai Rudani had passed on all these bank accounts along with his own bank accounts as well as witnesses’ bank accounts to Milan Rameshbhai Satani for depositing the cyber fraud amounts; v. The amount of commission which the applicant had received is not being revealed from the investigation; vi. As per the case, total amount of Rs.2,10,000/- was deposited in the applicant’s bank account with Bank of Baroda from the States of Telangana, Karnataka and Tamil Nadu, for which online complaints came to be registered; vii. The co-accused Sumit Moradiya, has been considered for regular bail by this court vide order dated 20.04.2026 passed in Criminal Misc. Application No. 8972 of 2026; R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 viii. The investigation is over and charge-sheet has been filed; ix. The apprehension of learned APP, as regards the applicant indulging in similar kind of offence, if granted bail, can be put to rest by imposing strict conditions. 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 fit case to exercise the discretion and enlarge the applicant on regular bail. R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11822024250018 of 2025 registered with Cyber Crime Police Station, Navsari 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 file an affidavit to that effect; [d] not leave the geographical limits of Navsari district 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 R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 bond together with documentary proof and shall not change his residence without prior intimation to the I.O. and the court; [f] mark his presence before the concerned police station every alternate day for a period of one month, and thereafter on every Sunday till the completion of trial; [g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station; [h] also deposit amount of Rs.2,10,000/- with the concerned trial court within a period of one month from today and shall file an undertaking before the concerned trial court to that effect. The trial court shall decide as regards the return/payment of Rs.2,10,000/- so deposited by the applicant to the concerned person/s, at the time of completion of trial. It is hereby clarified that, the said amount shall not be returned to the applicant. Page 7 of 8 R/CR.MA/8178/2026 ORDER DATED: 28/04/2026 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 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 influenced by any observations of this Court which are of 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 28/04/2026 18:15:32