Gujarat High Court Grants Bail To Two Accused Of Luring Indian Citizens Abroad With Job Offers, Allegedly Held As ‘Cyber Slaves’ In Myanmar
Isabella Mariam
The High Court of Gujarat Single Bench of Justice Nikhil S. Kariel on Tuesday (January 6) granted regular bail to two men accused of luring Indian citizens with overseas job offers that allegedly resulted in the victims being taken via Thailand to Myanmar and held as “cyber slaves”. Allowing the bail applications, the Court directed their release on furnishing bonds and sureties, subject to conditions including surrender of passports, restrictions on leaving Gujarat without permission, and periodic marking of presence. The Court noted that, despite the seriousness of the allegations, the role attributed to the applicants appeared limited to facilitating employment for friends and was prima facie bonafide, describing them as “small time players”.
The proceedings arose from successive applications seeking regular bail after filing of the chargesheet in connection with an FIR registered with the Cyber Crime Police Station, Surat City. The prosecution case alleged that Indian citizens were induced with promises of employment abroad, particularly in Myanmar, with projected monthly salaries ranging between Rs.70,000/- and Rs.75,000/-. It was alleged that after travelling via Thailand, the individuals were detained and subjected to forced cyber activities.
The applicants were alleged to have acted as intermediaries in facilitating contact between job seekers and overseas agents. According to the investigation, one applicant shared contact details of a foreign agent received through another co-accused, following which travel arrangements were made for prospective employees. The chargesheet recorded that the applicants received commissions for their role in arranging travel and coordination. The offences invoked included provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Information Technology Act. The applicants sought bail on the ground that the investigation was complete and that their continued detention was unwarranted.
“While the crime alleged is very serious inasmuch as Indian citizens were allured with an offer of job paying around Rs.70,000/- to Rs.75,000/- per month in Myanmar and whereas, upon crossing over to the said country from Thailand, they were being held as cyber slaves…” the Court recorded, before examining the role attributed to the applicants.
The Court observed that “insofar as the role attributed to the present applicants… it would appear that the present applicants were only small time players who had attempted to get a good employment for their friends.” Referring to the affidavit of the Investigating Officer summarising the chargesheet, the Court noted that the applicants had shared contact details of a foreign agent for employment purposes.
It was further recorded that “beyond the same role, the present applicants did not have any further role to play in the entire conspiracy.” The Court observed that although the actions of the applicants may have resulted in serious consequences for the victims, “prima facie, it would appear that the actions of the applicants appear to be bonafide, more particularly, without knowing the consequences.”
Taking note of the stage of the proceedings, the Court stated that “since the charge-sheet is filed, to this Court, it would appear that not releasing the present applicants at this stage would almost amount to pre-trial punishment.” Reliance was placed on the principles laid down by the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation to guide the exercise of discretion in bail matters.
“Hence, the present applications are allowed.” The Court directed that “the applicants are ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11210062250046/2025 registered with Cyber Crime Police Station, Surat City” upon execution of a personal bond of “Rs.50,000/- (Rupees Fifty Thousand only) each with one surety of the like amount each to the satisfaction of the trial Court.”
The release was made subject to conditions that “the applicants shall not take undue advantage of liberty or misuse liberty” and “shall not act in a manner injurious to the interest of the prosecution. They shall surrender passport, if any, to the lower court within a week” and “shall not leave the State of Gujarat without prior permission of the Sessions Court concerned.”
“The applicants shall furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the Investigating Officer.” The applicants were also directed to “mark presence once a month for a period of six months before the concerned police station.”
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“The authorities will release the applicants only if they are not required in connection with any other offence for the time being” and that “if breach of any of the above conditions is committed, the Sessions Court concerned will be free to take appropriate action in the matter. Bail bond is to be executed before the lower court having jurisdiction to try the case,” and that “it will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.”
“At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the applications of the applicants for being released on regular bail.”
Advocates Representing the Parties
For the Applicants: Mr. Akashkumar H. Patel, Advocate
For the Respondent-State: Mr. L. B. Dabhi, Additional Public Prosecutor
Case Title: Akib Husen Aasik Husen Saiyed v. State of Gujarat
Case Number: Criminal Misc. Application (For Successive Regular Bail After Chargesheet)
Bench: Justice Nikhil S. Kariel
