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