The Gujarat High Court has granted regular bail to a Maharashtra resident accused in a cyber fraud case involving alleged use of a mule bank account. The court observed that prolonged incarceration before trial would amount to “pre-trial conviction,” especially when investigation had already been completed.
Justice Hasmukh D. Suthar passed the order on May 15, 2026, while hearing a regular bail plea filed under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Background of the Case
The case arose from FIR No. 11201018260012 of 2026 registered with CID Cyber Crime Police Station, Gandhinagar. The allegations involved offences under provisions of the Bharatiya Nyaya Sanhita (BNS) and Section 66(D) of the Information Technology Act.
According to the prosecution, the applicant and his son allegedly provided a mule account in which the amount linked to the alleged cyber fraud was deposited. The prosecution further alleged that the applicant received ₹60,000 as commission.
The defence argued that the applicant had been falsely implicated, the investigation was complete, and no further recovery was pending. It was also pointed out before the court that the applicant had no past criminal antecedents.
Court’s Observations
While considering the plea, the High Court noted several factors in favour of the applicant, including the filing of the chargesheet, absence of criminal history, and the fact that nothing further remained to be recovered from him. The court also recorded that the accused had been in custody since February 2, 2026.
Justice Suthar referred to settled principles governing bail and observed that courts must consider the nature of accusations, possibility of tampering with evidence, chances of absconding, and broader public interest while deciding such applications.
The court relied on Supreme Court rulings in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor while emphasizing the importance of personal liberty.
“The celebrated principle of bail jurisprudence is that ‘bail is a rule and jail is exception’,” the bench observed while noting that conclusion of the trial would take time.
The judge further stated that keeping an accused behind bars for an extended period before conclusion of trial would effectively amount to punishment before guilt is established.
Court’s Decision
Allowing the application, the Gujarat High Court ordered the release of the applicant on regular bail upon execution of a personal bond of ₹25,000 with one surety of the same amount.
The court imposed several conditions, including monthly appearance before the concerned police station for six months, surrender of passport if any, and a direction not to misuse liberty or engage in unlawful activities.
The High Court also clarified that the trial court should not be influenced by any prima facie observations made while deciding the bail plea.
Case Details
- Case Title: Shabbir Mohammad Hanif Bhadela vs State of Gujarat
- Case Number: R/Criminal Misc. Application No. 11466 of 2026
- Judge: Justice Hasmukh D. Suthar
- Decision Date: May 15, 2026
