IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 19293 of 2025 ==========================================================

PRASHANT GIRISHBHAI YOGANANDI Versus STATE OF GUJARAT ==========================================================

Appearance:

DHRUVIN P BHUPTANI(8295) for the Applicant(s) No. 1 MR DEEP C HIRANI(12799) for the Applicant(s) No. 1 MR JAY A. MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 22/09/2025

ORAL ORDER

1. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on regular bail in connection with FIR being CR. No.11201018240024 of 2024 registered with CID Cyber Crime Police Station, Gandhinagar.

2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent – State.

3. Learned Advocate appearing for the applicant has submitted that the applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in Jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application contending that in the present offence, the other co-accused had allured the first informant to invest his money in various schemes and for that purpose, the first informant was made to transfer certain amounts in various bank accounts, out of which, one bank account had been provided by the present applicant to the other co- accused. The applicant was working with the IDBI Bank and one account which was lying dormant, had been provided by the applicant to the other co- accused and for the said purpose, the applicant had also help the other co- accused in getting the mobile number and the e-mail ID of the other co-accused attached to the said account. There are as many as 35 complaints received against the said account. The total amount involved in the present offence is more than Rs.2 crores. Learned APP has, therefore, submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. In the present offence, the investigation is over and charge-sheet has been filed. The applicant was an employee of the IDBI Bank. It is the case of prosecution that one account which was lying in the dormant condition with the said IDBI Bank and the applicant had provided the said bank account to the other co-accused for being used in commission of the present offence and for that purpose, the applicant had also help the other co-accused to get the mobile number and the e-mail ID attached to the said bank account. Thus, the only role attributed to the applicant is of providing the other co-accused the bank account for being used in commission of the present offence. Having regard to these aspects, the present application deserves consideration, hence the present application is hereby allowed. This Court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly

3 factors which are required to be considered by this court i.e. prima- facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 08.04.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. reported in (2012) 1 SCC 40.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of t