[Cites 1, Cited by 0]
Gujarat High Court
Kasam Ayub Pathan vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.MA/9325/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9325 of 2026
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KASAM AYUB PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR S R RATHOD(13626) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 22/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant 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 applicant has filed this application under
NEUTRAL CITATION
R/CR.MA/9325/2026 ORDER DATED: 22/04/2026
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Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11993013260003 of
2026 registered with Kandla Marine Police Station,
Kachchh for the offence punishable under Sections 316(3)
and 61(2)(a) of BNS, 2023.
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, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. It is further submitted 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
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R/CR.MA/9325/2026 ORDER DATED: 22/04/2026
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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
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 applicant is a resident of Gandhidham, hence
would be available at the time of trial;
ii. As per the prosecution case, the applicant was a
teleclerk employed who had connived with the co-
accused and owner of the truck Shambhubhai Savabhai
Zaru in selling the rice bags in the market, instead of
delivering the same at the port;
iii. The said rice bags were recovered and released to
the original complainant, which fact is also borne out
from para 6 of the order dated 08.04.2026 passed by
NEUTRAL CITATION
R/CR.MA/9325/2026 ORDER DATED: 22/04/2026
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this court in Criminal Misc. Application No. 8087 of
2026, enlarging the co-accused Shambhubhai Zaru on
regular bail, and wherein, it is mentioned that, the
original complainant Gunwantbhai Laljibhai Patel and
the concerned authorized persons of the firm were
present before the court on 08.04.2026 and that, they
have affirmed the fact that, they received the entire
stolen consignment of rice;
iv. The investigation is over and charge-sheet has been
filed;
v. There are no criminal antecedents against the
applicant.
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
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R/CR.MA/9325/2026 ORDER DATED: 22/04/2026
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considering the nature of the allegations made against
the applicant 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.
9. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11993013260003 of 2026 registered with Kandla Marine
Police Station, Kachchh on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with
one surety of 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 his passport, if any, to the trial court
within a week, and if he does not possess a passport,
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R/CR.MA/9325/2026 ORDER DATED: 22/04/2026
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he shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Trial Court concerned;
[e] furnish the present address of his residence to the
I.O. and to the Court at the time of execution of the
bond together with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark his presence before the concerned police
station every Friday till the trial is over;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file affidavits before the concerned
court and the 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 at
liberty to take appropriate action in accordance with law.
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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.
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 applicant 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
