[Cites 4, Cited by 0]
Gujarat High Court
Sufiyan Zakir Gad (Sufiyan Zakir Gath) vs State Of Gujarat on 2 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7489/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 7489 of 2026
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SUFIYAN ZAKIR GAD (SUFIYAN ZAKIR GATH)
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. P.P. Majmudar on behalf of the
applicant and learned Additional Public Prosecutor Mr. J.K. Shah for the
respondent-State. Learned Advocate Mr. Vora Mohammad Ali submits that
he has instructions to appear on behalf of the original complainant and that
he may be permitted to file his vakalatnama and reply. Permission is granted.
Registry to accept his vakalatnama.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No. 11199056260060 of
2026 registered with Vagra Police Station, Dist. Bharuch, for the
NEUTRAL CITATION
R/CR.MA/7489/2026 ORDER DATED: 02/04/2026
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offence punishable under Sections 109(1), 118(1), 118(2), 3(5), 351(3), 352,
125(a) and 125(b) of the Bhartiya Nyay Sanhita, 2023 and Sections 177 and
184 of the Motor Vehicles Act.
4. Learned Advocate for the applicant would submit that considering
the role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
applicant is ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.
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 applicant as coming out from the charge-
sheet, this Court may not exercise the discretion in favour of the applicant
and the application may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation being that the accused had caused injuries to the
complainant as co-relatable to an offence punishable under Section
109(1) of the Bhartiya Nyay Sanhita.
(ii) Prima facie it would appear that the other co-accused are the
NEUTRAL CITATION
R/CR.MA/7489/2026 ORDER DATED: 02/04/2026
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relatives of the present applicant and whereas while the injuries are
attributed to co-accused Hanif Hasan, who was driving the vehicle
which had dashed with the complainant, the present applicant does
not appear to have been attributed any particular role.
(iii) Prima facie it would appear that the relative of the present
applicant accused No. 2 Mubtsir, who was son of the person driving
the vehicle, had called the present applicant at the site of the incident
and whereas while the present applicant and the co-accused were
talking accused Hanif had driven his Car in a rash and negligent
manner and had dashed the same against the complainant.
(iv) Thus prima facie it would appear that as far as the applicant is
concerned it does not appear that he was involved in alleged
conspiracy whereby the complainant had been injured.
(v) It also appears that the applicant does not have antecedent of
being involved in any other offence hereinbefore.
(vi) This Court has considered that the applicant is in custody since
27.02.2026.
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.
NEUTRAL CITATION
R/CR.MA/7489/2026 ORDER DATED: 02/04/2026
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8. In the facts and circumstances of the case and considering the nature
of the allegations made 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 present application is allowed. The applicants are ordered
to be released on bail in connection with C.R. No. 11199056260060 of 2026
registered with Vagra Police Station, Dist. Bharuch, on executing a
bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one 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;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] mark presence once in a week before the concerned Police Station
till the charge-sheet is filed and thereafter, once in a month for a period
of six months.
[f] furnish the present address of residence to the I.O. and also to the
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Court at the time of execution of the bond and shall not change the
residential address without prior intimation to the Investigating Officer.
[g] not enter Vagra Taluka till charge-sheet is filed except for marking
presence in the concerned Police Station.
10. The Authorities will release the applicant 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 Sessions Court concerned will be
free to take appropriate action in the matter.
11. 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.
12. 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 application of the applicants
for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
