[Cites 3, Cited by 0]
Gujarat High Court
Arbazkhan Akilkhan Bismillahkhan ... vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/8106/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8106 of 2026
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ARBAZKHAN AKILKHAN BISMILLAHKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr. S.R. Bhoharia appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr.
Hardik Mehta, appearing on behalf of the respondent-State.
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
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R/CR.MA/8106/2026 ORDER DATED: 08/04/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11191043250503 of 2025 registered with Shahpur Police Station,
Ahmedabad City, for the offence punishable under Sections 109(1),
118(1), 115(2) and 54 of the B.N.S. Act and Section 135(1) of the
G.P. 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 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.
7. 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
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R/CR.MA/8106/2026 ORDER DATED: 08/04/2026
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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. I have 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
corresponding to offence punishable under Section 109 etc. of the
BNS.
ii. The allegation being that the complainant party had distributed
sweets on account of birth of a child in their family and whereas,
accused not having good terms with the complainant side, had
returned the sweets back and an altercation had ensued and
whereas, the injured victim being a family member who had tried
to intervene, had been inflicted with knife blows by the present
applicant and his brothers.
iii. While the allegation appears to be very serious more particularly
it also appears that the injured victim has also lost his eye sight in
NEUTRAL CITATION
R/CR.MA/8106/2026 ORDER DATED: 08/04/2026
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one eye, yet, this Court has considered the fact that the applicant
had been arrested on 10.09.2025 and whereas, in custody since the
said date i.e. more than six months.
iv. It is also considered that the co-accused having been released
vide order dated 16.03.2026 in Criminal Misc. Application No. 468
of 2026.
v. That the charge-sheet is filed and the applicant not having any
antecedents of any nature whatsoever.
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 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 applicant on regular bail.
8. Hence, the present application is allowed. The applicant is
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R/CR.MA/8106/2026 ORDER DATED: 08/04/2026
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ordered to be released on bail in connection with F.I.R. registered
as C.R. No. 11191043250503 of 2025 registered with Shahpur Police
Station, Ahmedabad City, on executing a 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 she 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] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
the residence without prior intimation to the I.O.;
[f] not to enter the limits of Shahpur Police Station for a period of
one year, except for the purpose of marking presence.
[g] to mark his presence once a month for a period of six months
before the concerned police station;
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9. The Authorities will release the applicant only if she 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.
10. 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. 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 applicant for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
PD
