Gujarat High Court
Sheikh Ramzanali Mohmad Naseem vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8298/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8298 of 2026
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SHEIKH RAMZANALI MOHMAD NASEEM & ANR.
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the applicants(s) No. 1,2
MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
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, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No. 11824004260047 of 2026 registered with Songadh Police Station, Tapi, for Page 1 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined the offence punishable under Sections 65(e), 81 and 98(2) of the Prohibition Act.
4. Learned advocate for the applicants would submit that, considering the role attributed to the applicants, and nature of the allegation levelled, the applicants may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicants will not benefit the Investigation Officer in any manner. It is further contended that, the applicants are ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. Learned advocate upon instructions submits that the applicants will remain within the State of Gujarat during the trial.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has 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 as Page 2 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined coming out from the charge-sheet, 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. So far as applicant no.1-Sheikh Ramzanali Mohmad Naseem is concerned, following aspects are considered:-
i. The applicant is a permanent resident of District:Tapi, hence, would be available at the time of trial.
ii. The applicant does not have any criminal antecedent.
iii. The applicant was driver of the vehicle which was used in carrying the contraband liquor. iv. The investigation being over, charge-sheet has been filed.
v. The apprehension of the learned APP as regards the applicant if granted bail, he would once again indulge in such or similar offense, can be put to rest by Page 3 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined imposing stringent conditions. So far as applicant no.2-Goswami Vicky Shaileshbhai is concerned, following aspects are considered:-
i. The applicant is a permanent resident of District:Tapi, hence, would be available at the time of trial.
ii. As per the instructions of the learned advocate for the applicant, the applicant has two criminal antecedents, out of which, one offense is under Section 323 of IPC, wherein, he has been convicted for one year, whereas, the second offense under the Prohibition Act is pending.
iii.The applicant was the proposed supplier. iv.The applicant was not caught from the place of raid. v. The investigation being over, charge-sheet has been filed.
vi.The apprehension of the learned APP as regards the Page 4 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined applicant if granted bail, he would once again indulge in such or similar offense, can be put to rest by imposing stringent conditions.
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.
7. 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.
8. Hence, the present application is allowed. The applicants are ordered to be released on bail in connection with FIR being C.R. No. 11824004260047 of 2026 registered with Songadh Police Station, Tapi, on Page 5 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one local surety qua each applicant 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 passports, if any, to the trial court within a week, and if they do not possess passports, they shall file affidavits to that effect;
[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the present addresses of their residences to the I.O. and also to the Court at the time of execution of the bond along with documentary proof and shall not change their residences without prior intimation to the I.O. and the court;
[f] So far as applicant no.1-Sheikh Ramzanali Page 6 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined Mohmad Naseem is concerned, he shall mark presence on every alternate day for a period of one month and thereafter on every Tuesday before the concerned police station till the trial is over. [f] So far as applicant no.2-Goswami Vicky Shaileshbhai is concerned, he shall mark presence on every alternate day for a period of one month and thereafter on every Wednesday before the concerned police station 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.
9. The Authorities will release the applicants only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Court concerned will be at liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the competent Court Page 7 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026 NEUTRAL CITATION R/CR.MA/8298/2026 ORDER DATED: 23/04/2026 undefined 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.
11. 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Page 8 of 8 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:48:31 IST 2026