Authority: High Court of Gujarat at Ahmedabad
Order Date: 27 July 2026
Case Overview
- Parties: Applicant Amitkumar S/O Rajkumar Jitrawal vs. State of Gujarat.
- FIR: C.R.No.11201015220004 of 2022, registered with CID Crime Rajkot Zone Police Station, Rajkot City.
- Charges: IPC Sections 406, 408, 409, 420, 120B and IT Act Section 66(D).
- Allegations: Conspiracy to create a fake online company named "The Trade Lord"; induced approximately 460 investors with a promise of 1% daily returns; collected a total of Rs 1,01,51,981; the company went offline on 12‑Nov‑2020 and failed to repay principal or returns, constituting cheating and criminal breach of trust.
- Investigation: Completed; charge‑sheet filed; applicant in custody since 30‑Jan‑2026; no recovery or discovery required; applicant has no prior antecedents.
- Co‑accused: Similarly situated co‑accused have been granted regular bail, establishing parity.
- Applicant’s Undertaking: Will deposit Rs 10,00,000 in three equal installments within three months of release.
- Legal Precedents Cited: Sanjay Chandra vs. Central Bureau of Investigation [2012] 1 SCC 40 and Gudikanti Narasimhulu & Ors vs. Public Prosecutor, High Court of Andhra Pradesh (1978) 1 SCC 240.
- Judicial Reasoning: Emphasised that bail is the rule and jail the exception; highlighted personal liberty under Article 21; noted that pre‑trial detention amounts to a de facto conviction.
Final Outcome
- The Court allows the regular bail application.
- Bail Conditions:
1. Execute a personal bond of Rs 25,000 with one surety of the same amount, to the satisfaction of the trial court.
2. Not misuse liberty or act injuriously to the prosecution.
3. Not obstruct or hamper police investigation or tamper with evidence.
4. Surrender passport (if any) to the trial court within one week.
5. Not leave the State of Gujarat without prior permission of the trial court.
6. Report to the concerned police station once a month for six months between 11:00 a.m. and 2:00 p.m.
7. Furnish Aadhaar card, email ID, and present residential address to the Investigating Officer and the Court at bond execution; any change in residence/contact requires prior court permission.
8. Refrain from any illegal activity; violation may lead to warrant issuance and bail cancellation.
9. Deposit Rs 10,00,000 in three equal installments before the Sessions Court, Rajkot, within three months of actual release; failure to comply will automatically cancel bail and may result in a warrant for arrest.
- The bail bond is to be executed before the lower court having jurisdiction to try the case; the trial court may modify or relax conditions as per law.
- The trial court shall not be influenced by the preliminary observations made by this Court while enlarging bail.
- The order is absolute; direct service is permitted.
Topics: Criminal Bail, Online Fraud, Judicial Order