[Cites 6, Cited by 0]
Gujarat High Court
Sajid Ahemadkhan vs State Of Gujarat on 17 April, 2026
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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,
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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
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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
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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
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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
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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.
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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
