Gujarat High Court
Irfankhan Salimkhan vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/10806/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10806 of 2026
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IRFANKHAN SALIMKHAN
Versus
STATE OF GUJARAT
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Appearance:
MR VISHVESH A PANDYA for MR TANMAY B KARIA(6833) for the
Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No. 11207048260244 of 2026 registered with Morva (H) Police Station, Panchmahals for the offence punishable under Sections 65(a), 65(e), 81, 83 and 98(2) of the Prohibition Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. It is submitted that applicant is driver of the truck. Applicant is ready and willing to provide solvent surety. Considering the nature of the offence, the applicant may be enlarged on regular bail by imposing stringent conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that applicant is involved in similar nature of offence and if he is released on bail, there is apprehension not to stand to the trial as he belongs from outside Gujarat. Hence, application does not deserve any consideration.
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[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, following aspects have been considered:
(1) Substantial part of investigation is over and charge-sheet is filed; (2) Applicant is behind the bars since 28.03.2026; (3) None of the offence alleged is punishable with life sentence or death penalty;
(4) nothing is required to be recovered and discovered from him;
(5) applicant is having no past antecedents;
[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as Page 2 of 4 Uploaded by KUMAR ALOK(HC01091) on Wed May 06 2026 Downloaded on : Wed May 06 22:39:57 IST 2026 NEUTRAL CITATION R/CR.MA/10806/2026 ORDER DATED: 06/05/2026 undefined well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 applicant on regular bail. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11207048260244 of 2026 registered with Morva (H) Police Station, Panchmahals, on executing a personal bond of Rs.25,000/- (Rupees Twenty- five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) Furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his 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 permission of Trial Court;
[9.0] The authorities will release the applicant only if he is not required in Page 3 of 4 Uploaded by KUMAR ALOK(HC01091) on Wed May 06 2026 Downloaded on : Wed May 06 22:39:57 IST 2026 NEUTRAL CITATION R/CR.MA/10806/2026 ORDER DATED: 06/05/2026 undefined connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
[10.0] Bail bond to be executed before the lower 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
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