Jigar Mahendrabhai Pargadu vs State Of Gujarat on 30 July, 2026

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    Gujarat High Court

    Jigar Mahendrabhai Pargadu vs State Of Gujarat on 30 July, 2026

                                                                                                                  NEUTRAL CITATION
    
    
    
    
                                R/CR.MA/13752/2026                                  ORDER DATED: 30/07/2026
    
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                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                            CHARGESHEET) NO. 13752 of 2026
                          ==========================================================
                                                     JIGAR MAHENDRABHAI PARGADU
                                                                 Versus
                                                           STATE OF GUJARAT
                          ==========================================================
                          Appearance:
                          MR.D K.PUJ(3836) for the Applicant(s) No. 1
                          MR ADITYA JADEJA, APP for the Respondent(s) No. 1
                          ==========================================================
                             CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
    
                                                                Date : 30/07/2026
    
                                                                    ORDER
    

    1) RULE. Learned APP waives service of rule for the respondent-State.

    2) The present application is filed under Section 483 of the Bharatiya
    Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
    connection with FIR being C.R. No. 11205043251512 of 2025
    registered with “B” Division Police Station, Bhuj, Dist. Kachchh, for
    the offences under Sections 61(2), 3(5), 336(2), 336(3), 340(2), 318(4),
    317(2) and 317(4) of BNS and Sections 66(D) and 77(D) of the I.T. Act.

    SPONSORED

    3) Learned advocate appearing on behalf of the applicant submits that
    the applicant is innocent and has been falsely implicated in the
    offence. Investigation is over and chargesheet has been filed.
    Nothing is required to be recovered or discovered. As per the
    Affidavit filed by the Investigating Officer, the applicant is neither the
    owner nor the account holder of the bank account through which the
    alleged transactions are stated to have been routed. Affidavit of
    Investigating Officer does not indicate or disclose any material to
    suggest that the applicant has withdrawn any amount from the said
    account Thus, the material collected during investigation itself does
    not indicate that the applicant was the beneficiary of the alleged
    transactions. FIR records that approximately 40 complaints from

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    various parts of the country have been received in relation to alleged
    online fraud transactions routed through different bank accounts,
    including the account attributed to Shubham Dabhi. The prosecution
    has attempted to project that an amount of approximately
    Rs.1,05,12,52,826/- has been transacted through various accounts
    forming part of the alleged chain of transaction. However, a close
    scrutiny of the material reveals that the said figure represents
    cumulative transaction entries across multiple layers of banking
    channels, and not the actual wrongful gain or direct proceeds
    attributable to the present applicant. The applicant is placed at the
    7th layer of the alleged transaction chain, which clearly indicates that
    he is not a primary beneficiary nor a direct participant in the alleged
    inducement or deception of any complaint. Similarly situated co-
    accused persons have already been enlarged on regular bail by this
    Hon’ble Court. The role attributed to the present applicant is not
    distinguishable from that of the co-accused, who have been granted
    bail. Therefore, on the ground of parity also, the applicant deserves
    to be enlarged on regular bail. Out of the total number of complaints,
    the actual dispute amount attributed to the present applicant is only
    Rs.8,51,634/-, which is disproportionately small when compared to
    the inflated figure by the prosecution. The applicant has no any direct
    interaction with the complainant, nor does it attribute any specific act
    of Inducement, cheating or misrepresentation to him. The entire case
    of prosecution is based upon banking record, digital transactions and
    documentary evidence, all of which have already been collected and
    are in possession of the Investigating Agency. Therefore, the
    applicant may kindly be enlarged on regular bail.

    4) Learned APP appearing on behalf of the respondent-State has
    opposed the present application and prayed for its dismissal,
    contending that the applicant is involved in a serious offence which is
    not merely against an individual but against the State and society at

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    large. It is submitted that the investigation is still in progress and that
    the applicant has played an active role in the entire scam. The
    applicant along with the other accused formed a criminal conspiracy,
    and as part of the conspiracy, kept various rented shops in different
    places in the name of the co-accused to get money for cyber fraud,
    and created false accounts in the names of those shops. The accused
    and co-accused allegedly opened fake firm accounts, routed cyber
    fraud proceeds through them, and transferred the money to other
    accounts before withdrawing it. The applicant allegedly received a
    commission and facilitated the transfer of Rs. 26,60,000/- obtained
    through the fraud to the co-accused’s firms.

    5) It was also found that two other offences have been registered
    against the applicant. In view of the aforesaid submissions, learned
    APP has argued that considering the active and significant role
    attributed to the applicant in the alleged offence, the present
    application does not deserve to be entertained. It is further
    contended that mere filing of the charge-sheet cannot be a ground
    for grant of bail and that, if released on bail, there is every likelihood
    of the applicant tampering with the evidence and influencing
    witnesses.

    6) Having heard learned counsel for the parties and perusing the material
    placed on record, it appears that the applicant-accused entered into a
    criminal conspiracy with the co-accused. As part of the conspiracy, they
    rented several shops in the names of the co-accused to receive money
    obtained through cyber fraud and created fake firms operating from
    those premises. Current accounts were opened in different banks in
    the names of these fake firms. The proceeds of cyber fraud were
    deposited into these accounts and were later on transferred to the
    account of a co-accused’s firm namely ‘Krishna Traders’. The applicant
    along with the co-accused actively participated in withdrawing the

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    money through cheques. The act of the accused constitutes serious
    offences involving cyber fraud and money laundering. The evidence
    further shows that the applicant created a fake firm named Ganesh
    Traders and opened a current account with HDFC Bank. Through this
    account, an amount of Rs.21,82,39,740/- generated from cyber fraud
    was received. The applicant actively participated with the co-accused
    in withdrawing this money through cheques. The applicant also
    obtained an amount of Rs.4,49,36,220/- of cyber fraud in the current
    account of Ganesh Traders. The money was then transferred to the
    account of the co-accused’s firm – Bhavani Traders, and was
    subsequently withdrawn through cheques by the applicant and the
    co-accused. The material on record also indicates that the applicant
    received money in his personal bank account from the co-accused to
    pay the rent for the shops taken on lease. For performing these
    activities, he was initially paid a commission of Rs.50,000/- per month.
    The applicant thus played an active and significant role in the
    commission of these serious offences.

    7) During investigation, it also emerges that the address which was used
    in opening a firm named Ganesh Traders was never in existence. In
    total, the applicant received a sum of Rs. 21,82,39,740/- in the current
    account of the HDFC Bank in the name of Ganesh Traders and also
    received a sum of Rs.4,49,36,220/- in the current account of Ganesh
    Traders maintained with Central Bank and for which the applicant
    failed to produce any supporting documents or explanation in this
    regard. On examining the record, it appears that the applicant is the
    main conspirator. He created fake firms and opened current bank
    accounts in different banks to use them as mule accounts. Money was
    transferred into the accounts of co-accused persons opened in the
    name of Krishna Traders, and the amounts were later withdrawn
    through cheques. After withdrawals, the applicant received the money
    and also used another fake firm. The applicant regularly paid rent for

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    the premises used as the business addresses of these fake firms, and
    the related documents were executed in his name. He also opened
    another fake firm Ganesh Traders, through which Rs. 21,82,39,740/-
    was transferred, and the co-accused withdrew the money by cheques.
    Initially, the applicant rented several shops, opened multiple bank
    accounts, and used them as mule accounts in return for commission.
    He received Rs.50,000/- per month as commission and also received
    money obtained through cyber fraud. According to the investigation,
    he directly benefited by Rs. 4,49,36,220/-. In these circumstances, if
    the applicant is released on bail, there is a possibility that he may
    tamper with the evidence, especially since the investigation is still
    ongoing. The applicant also has two previous criminal antecedents.

    8) In view of these facts, it clearly emerges that the applicant has played
    an active role in the alleged offenceand allegation of abetment and
    conspiracy is also there. So far conspiracy is there, hardly direct
    evidence would be available and it also may be inferred from the
    present circumstances.

    9) Considering the societal and larger interest, as well as the nature of
    the economic offense, if the applicant is released on bail, it could
    adversely affect the investigation with respect to the other accused.
    There is also a possibility of tampering with evidence. In conspiracy
    cases, the Court must infer the role of the accused based on
    attending circumstances and other facts or evidence led by the
    prosecution.

    10)It is difficult to unearth the large-scale scam, identify the syndicate,
    and ascertain the modus operandi if the accused is released on bail.
    Granting bail at this stage would amount to giving protection and
    leeway to persons involved in unethical and immoral activities. Due to
    the acts of the accused persons, the faith of the Government, the
    public, and recruitment agencies has been shaken. Public confidence in

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    the system would be undermined. Considering the seriousness and
    sensitivity of the matter, release of the accused on bail would send a
    wrong message to society and may hamper the investigation as well as
    lead to tampering with the evidence, thereby giving undue advantage
    to the wrongdoers.

    11)In the aforesaid background, serious economic offences are disclosed
    and the involvement of the accused is established. Since the offence
    is in the nature of a white-collar and socio-economic offence, this
    Court is not inclined to grant bail to the accused. The offence appears
    to have been committed in a well-planned and systematic manner. It
    is not merely an offence against an individual, but one affecting
    society at large and public welfare. Therefore, a delicate balance is
    required to be maintained between the personal liberty of the
    accused and the larger societal interest.

    12)The applicant is involved in a white-collar economic offence.
    Economic offences are generally committed with careful planning
    and deliberate design for personal gain, without regard to the
    consequences on society. In such offences, the accused persons show
    complete disregard for the interest of the community. White-collar
    crimes adversely affect the national economy and national interest.
    Such offences, involving deep-rooted conspiracy and huge financial
    loss, are required to be viewed seriously and examined differently.
    This is not a case where the applicants have been arraigned merely on
    the basis of statements of co-accused or suspicion; rather sufficient
    material has been collected against the applicant during the
    investigation.

    13) So far the argument advanced by the learned advocate for the
    applicant that similarly situated co-accused are enlarged on bail by
    this Court and on the ground of parity, applicant may be enlarged on
    bail. This Court is of the considered view that the applicant is not

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    entitled to claim parity as a matter of right for two reasons: (i) he is
    involved in a serious cyber fraud offence and (ii) he has past
    antecedents of a similar nature. Merely because certain co-accused
    persons have been released on bail cannot be a ground to enlarge
    the present applicant on bail. The Court is duty bound to consider
    the nature and gravity of the offence, the role attributed to the
    accused, and the possibility of tampering with evidence. In this
    regard, reference is required to be made on the decisions of the
    Hon’ble Supreme Court in the case of Tarun Kumar v. Enforcement
    Directorate
    , reported in 2023 SCC Online SC 1486, and Sagar v.
    State of Uttar Pradesh, reported in 2025 INSC 1370. Therefore, the
    submissions canvassed by the learned counsel for the applicant are
    not acceptable. It is also an admitted position that certain co-
    accused persons are yet to be arrested. Prima facie, the material on
    record indicates that, in connivance with the co-accused, the
    applicant was part of a conspiracy, whereby funds were
    systematically routed through multiple bank accounts held by co-
    accused. The amounts so received were transferred through several
    layers of transactions and ultimately laundered through deeper
    financial channels. The investigation further suggests that innocent
    individuals were deceived and modus operandi adopted by the
    accused involved the use of numerous mule accounts and multiple
    layers of financial transactions.

    14)Considering the fact that volatile nature of the data, which includes
    use of dummy accounts and online transactions done, the interest of
    the prosecution is required to be considered. As the offence in
    question involves electronic volatile data and financial in nature, this
    Court deems it appropriate to refer to the judgment passed by the
    Hon’ble Supreme Court in the case of State of Gujarat vs. Mohanlal
    Jitamalji Porwal & Others
    reported in (1987) 2 SCC 364, wherein it

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    has been observed in paragraph 5 as under in paragraph:

    “The entire Community is aggrieved if the economic offenders who ruin the
    economy of the State are not brought to books. A murder may be committed
    in the heat of moment upon passions being aroused. An economic offence is
    committed with cool calculation and deliberate design with an eye on
    personal profit regardless of the consequence to the Community. A disregard
    for the interest of the Community can be manifested only at the cost of
    forfeiting the trust and faith of the Community in the system to administer
    justice in an even handed manner without fear of criticism from the quarters
    which view white collar crimes with a permissive eye unmindful of the damage
    done to the National Economy and National Interest.”

    15)So far as the arguments advanced by the learned advocate for the
    applicant that the applicant be released as the charge sheet has been
    filed is concerned, another important aspect that needs to be
    considered is that mere filing of a charge sheet is not a sufficient
    ground to enlarge the accused on bail, as held by the Hon’ble Apex
    Court in the case of Virupakshappa Gouda and Another vs. The
    State of Karnataka
    , reported in (2017) 5 SCC 406. If the applicants
    are released, the possibility of tampering with evidence cannot be
    ruled out, especially since the co-accused are absconding, and the
    volatile nature of the data could affect the integrity of the evidence.

    16)Not only that co-accused are also yet to be arrested and investigation
    in that regard is still going on. Therefore, if the applicant is released on
    bail then the possibility of tampering with evidence cannot be ruled as
    the evidence in the present case is electronic and volatile in nature and
    therefore, considering the aforesaid facts and keeping in mind the
    decision of the Hon’ble Supreme Court in the case of Ash Mohammad
    vs. Shiv Raj Singh
    alias Lalla Babu and Another reported in (2012) 9
    SCC 446, wherein it has been held that the concept of liberty is not in
    the realm of absolutism but is a restricted one and no element in the
    society can act in a manner by consequence of which the life or liberty
    of others is jeopardized.

    17)The Hon’ble Supreme Court in the case of Serious Fraud Investigation
    Office Vs. Nittin Johari
    , reported in 2019 (9) SCC 165, has held that as

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    under:

    11. At this juncture, it must be noted that even as per Section 212(7) of the
    Companies Act, the limitation under Section 212(6) with respect to grant of bail
    is in addition to those already provided in the Cr.P.C. Thus, it is necessary to
    advert to the principles governing the grant of bail under section 439 of the
    Cr.P.C., 1973 Specifically, heed must be paid to the stringent view taken by this
    Court towards grant of bail with respect of economic offences. In this regard, it
    is pertinent to refer to the following observations of this Court in Y.S. Jagan
    Mohan Reddy V. Central Bureau Of Investigation
    , 2013 7 SCC 439:-

    “34. Economic offences constitute a class apart and need to be visited
    with a different approach in the matter of bail. The economic offences
    having deeprooted conspiracies and involving huge loss of public funds
    need to be viewed seriously and considered as grave offences affecting
    the economy of the country as a whole and thereby posing serious
    threat to the financial health of the country.

    35. While granting bail, the court has to keep in mind the nature of
    accusations, the nature of evidence in support thereof, the severity of
    the punishment which conviction will entail, the character of the
    accused, circumstances which are peculiar to the accused, reasonable
    possibility of securing the presence of the accused at the trial,
    reasonable apprehension of the witnesses being tampered with, the
    larger interests of the public/State and other similar considerations.”

    This Court has adopted this position in several decisions, including
    Gautam Kundu v. Directorate of Enforcement (Prevention of Money
    Laundering Act), Government of India
    , (2015) 16 SCC 1, and State of
    Bihar v. Amit Kumar
    , (2017) 13 SCC 751. Thus, it is evident that the
    above factors must be taken into account while determining whether
    bail should be granted in cases involving grave economic offences.”

    18)As submitted by learned APP, other co-accused are still absconder
    and out of reach. At this stage, it would be profitable to refer to the
    judgments of the Hon’ble Supreme Court in the case of Rakesh
    Mittal Vs. Ajay Pal Gupta @ Sonu Chaudhary & Ors
    , in Leave to
    Appeal (Cri.) No.19708/2025 dated 17.02.2026, wherein the Hon’ble
    Supreme Court held as under:-

    “We may note that the value of life and liberty to members of society is
    not limited only to their ‘person’ but would also extend to the quality of
    their life, including their economic well-being. In offences of a pecuniary
    nature, where innocent people are cheated of their hard-earned monies
    by conman, who make it their life’s pursuit to exploit and feast upon
    the gullibility of others, the aforestated factors must necessarily be
    weighed while dealing with the alleged offenders pleas for grant of
    bail.”

    19)For the foregoing observations and reasons, this Court is of considered
    view that the applicant is involved in whiter-collar economic offence

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    and possibility to invoke other provisions of law as economic offence is
    there, this Court is not inclined to release the applicant on bail at this
    stage. Merely offence is triable by JMFC Court is not a ground to
    release on bail as economic offence is required to be visited at
    different class as investigation still going on. Hence, present
    application does not deserve any consideration. Hence, dismissed.
    Rule is discharged.

    (HASMUKH D. SUTHAR,J)

    SUCHIT

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