Vishal Kansagara Released with Stringent Conditions Amidst Allegations of Creating Defamatory Videos for Extortion
In a significant ruling, the Gujarat High Court has granted regular bail to Vishal @kano Hemantbhai Kansagara, accused of using artificial intelligence to create defamatory videos for extortion purposes. The decision was pronounced by Justice Hasmukh D. Suthar on July 3, 2026, in response to Kansagara's bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The applicant was implicated in offences under Sections 308(5), 308(6), 336(4), 356, and 61(2) of the Bharatiya Nagarik Suraksha Sanhita, along with Section 66(c) of the Information Technology Act. The prosecution accused Kansagara of engaging in a criminal conspiracy to extort Rs. 23,00,000 from the complainant by creating defamatory AI-generated videos.
While opposing the bail application, the Additional Public Prosecutor, Ms. Vrunda Shah, argued that Kansagara's release could lead to further illegal activities due to his alleged involvement in similar offences. However, the defense, represented by advocate M S Padaliya, contended that Kansagara was falsely implicated and had cooperated with the investigation, including agreeing to a voice spectrograph test.
Justice Suthar, after reviewing the case details and considering the completion of the investigation and the filing of the charge sheet, noted that keeping Kansagara in custody would amount to pre-trial conviction. The Court emphasized the principle that "bail is a rule and jail is an exception," upholding the applicant's right to personal liberty under Article 21 of the Constitution of India.
The Court granted bail on stringent conditions, including the surrender of Kansagara's passport, a personal bond of Rs. 25,000 with one surety, and monthly reporting to the police. Additionally, Kansagara is prohibited from entering Jamnagar District for six months, except for legal obligations.
The judgment referenced past cases, such as "Rameshbhai Batubhai Dhabi v. State of Gujarat" and "Sanjay Chandra v. Central Bureau of Investigation," to justify the bail decision. The Court stressed that the trial's conclusion would take time and that justice required balancing the accused's liberty with the prosecution's interests.
This decision highlights the judiciary's careful consideration of bail jurisprudence, ensuring that pre-trial detention does not become punitive while safeguarding the integrity of the judicial process.
Bottom line:-
Regular bail granted to the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, considering completion of investigation, parity with co-accused, and principles of bail jurisprudence such as "bail is a rule and jail is exception."
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Constitution of India, 1950 Article 21, Information Technology Act Section 66(c).
Vishal @kano Hemantbhai Kansagara v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2936465
