Authority: High Court of Gujarat, Ahmedabad (Bench: Hon. Mr. Justice Hasmukh D. Suthar)
Order Date: 07/10/2026
Case Overview
- Parties: Applicant – Sumitkumar S/O Kantilal Patel; Respondent – State of Gujarat.
- FIR Details: C.R. No.11201018260028 of 2026, registered with CID Cyber Crime Police Station, Gandhinagar.
- Charges: Offences under Sections 317(4), 318(4), 61(2), 338 and 340(2) of the Bharatiya Nyaya Sanhita read with Section 66(D) of the Information Technology Act.
- Allegations: Applicant, identified as Accused No. 5, worked as a cheque‑clearing agent for Unjha Nagrik Sahakari Co‑operative Bank. He allegedly facilitated the co‑accused in opening an account that was used as a mule account. For this facilitation, he is said to have received a commission of Rs. 2,65,038 and Rs. 50 for every transaction of Rs. 1,00,000 involving three firms – “Jay Goga Trading”, “Ganpati Agro” and “Aradhana Traders”.
- Custody: Applicant has been in judicial custody since 22‑06‑2026.
- Investigation Status: Investigation completed; charge‑sheet filed.
- Prior Record: No past antecedents.
- Parity Argument: A similarly situated co‑accused has already been released on bail by this Court.
- Legal Precedents Cited: Rameshbhai Batubhai Dabhi vs. State of Gujarat (1999 GLR 1150), 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).
- Applicant’s Offer: Willing to deposit Rs. 2,65,038 before the trial court as a demonstration of bona fides.
Final Outcome
- The Court granted regular bail to the applicant.
- Bond: Execution of a personal bond of Rs. 25,000 with one surety of the same amount, to be filed before the trial court.
- Conditions Imposed:
- (a) Not to misuse liberty or act injuriously to the prosecution.
- (b) Not to obstruct or hamper police investigation or tamper with evidence.
- (c) Surrender any passport to the trial court within one week.
- (d) Not leave the State of Gujarat without prior permission of the trial court.
- (e) Report in person to the concerned police station once a month for six months between 11:00 a.m. and 2:00 p.m.
- (f) Furnish UIDAI number, contact numbers, passport number (if any), e‑mail address and present residential address to the Investigating Officer and the Court at bond execution; any change requires prior court permission.
- (g) Deposit Rs. 23,65,038 with the trial court immediately upon actual release; failure to do so empowers the trial court to issue a warrant and cancel bail (as per direction to Private Secretary Alok Kumar).
- Bail to be executed before the lower court having jurisdiction to try the case; trial to be conducted by a Magistrate Court.
- The trial court shall not be bound by the preliminary observations made by this Court while enlarging bail.
- The order is absolute; direct service is permitted.
Topics: Bail, Cyber Crime, Banking Fraud