Gujarat High Court
Sajid Ahemadkhan vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8885/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8885 of 2026
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SAJID AHEMADKHAN & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1,2
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicants and learned Additional Public Prosecutor appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The applicants have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, Page 1 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026 NEUTRAL CITATION R/CR.MA/8885/2026 ORDER DATED: 17/04/2026 undefined 2023 for enlarging them on Regular Bail in connection with FIR being C.R. No. 11211045260098 of 2026 registered with Sayla Police Station, Surendranagar for the offence punishable under Sections 65(a)(e), 81, 83, 116B and 98(2) of the Gujarat Prohibition Act.
4. Learned advocate for the applicants would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicants may be enlarged on regular bail. It is further submitted that, the applicants are ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. It is further submitted by learned advocate for the applicants, under instructions that, though the applicants are permanent residents of Haryana, they will reside within the geographical limits of State of Gujarat till the trial is over.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has Page 2 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026 NEUTRAL CITATION R/CR.MA/8885/2026 ORDER DATED: 17/04/2026 undefined vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicants, this Court may not exercise discretion in favour of the applicants and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. As per the statement of learned advocate for the applicants, though the applicants are permanent residents of Haryana, they shall not leave the State of Gujarat till the completion of trial, and hence would be available at the time of trial;
ii. The applicants were the driver and cleaner of the vehicle, which was intercepted, from wherein, the illicit liquor was found;
iii. The applicants do not have any criminal Page 3 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026 NEUTRAL CITATION R/CR.MA/8885/2026 ORDER DATED: 17/04/2026 undefined antecedents;
iv. The apprehension of learned APP, as regards the applicants indulging in similar kind of offence, if granted bail, can be put to rest by imposing strict conditions.
7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
9. Hence, the applicants are ordered to be released on Page 4 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026 NEUTRAL CITATION R/CR.MA/8885/2026 ORDER DATED: 17/04/2026 undefined bail in connection with F.I.R. registered as C.R. No. 11211045260098 of 2026 registered with Sayla Police Station, Surendranagar, on each executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that, they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender their passports, if any, to the trial court within a week, and if they do not possess a passport, they shall file affidavits to that effect; [d] not leave the State of Gujarat till the completion of trial, without prior permission of the Trial Court concerned;
[e] furnish the present address of their residence to the I.O. and to the Court at the time of execution of the Page 5 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026 NEUTRAL CITATION R/CR.MA/8885/2026 ORDER DATED: 17/04/2026 undefined bond and shall not change their residence without prior intimation to the I.O. and the court; [f] mark their presence before the concerned police station once a week till the trial is over; [g] not indulge in similar kind of offence hereinafter, for which, they shall file affidavits before the concerned court and the police station.
10. The Authorities will release the applicants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. Page 6 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026
NEUTRAL CITATION R/CR.MA/8885/2026 ORDER DATED: 17/04/2026 undefined
12. At the stage of trial, the competent 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 enlarging the applicants on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) DIVYA Page 7 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:43 IST 2026