[Cites 2, Cited by 0]
Gujarat High Court
Mohammad @ Mahammad Abdul Ibrahim Mokha vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8603/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 8603 of 2026
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MOHAMMAD @ MAHAMMAD ABDUL IBRAHIM MOKHA
Versus
STATE OF GUJARAT
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Appearance:
MR ANIQ A KADRI(11256) for the Applicant(s) No. 1
MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 23/04/2026
ORDER
1. 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. 11195050250381 of 2025
registered with Tharad Police Station, Banaskantha.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - State.
3. Learned Advocate for the Applicant has submitted that the Applicant has
good reputation in the society and 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.
4. Per contra, learned APP has opposed the present application contending
that the Applicant had earlier preferred Criminal Misc. Application No. 18199
NEUTRAL CITATION
R/CR.MA/8603/2026 ORDER DATED: 23/04/2026
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of 2025 which was allowed to be withdrawn by this court vide order dated
8.09.2025. After the withdrawal of the earlier application, the Applicant has
preferred the present successive application and there being no change in
circumstances, the present successive application is not maintainable. He
further submitted that during the course of investigation the investigating
agency has recovered call details of the calls exchanged between the Applicant
and the other co-accused which indicate continuous contact between the
Applicant and the other co-accused. The contraband substance of Mephedrone
worth 375 grams had been called for by the present Applicant. He therefore
submitted to dismiss the present Application.
5. Heard learned Advocates for the parties and perused the record. The
investigation is over and charge sheet is filed. The Applicant has been arrested
in connection with the present offence on 4.05.2025 and since then he is in the
custody.
6. As per the case of the prosecution, contraband substance of Mephedrone
worth 375 grams was recovered from the other co-accused and the said
substance was proposed to be delivered to the present Applicant. Except
certain call details and the statement of the co-accuse to the effect that the
contraband substance was called for by the present Applicant, there is nothing
on record connecting the present Applicant with the offence in question and
there are no other antecedents under the NDPS Act. Considering the aforesaid
aspects, the Application deserves consideration. This court has also considered
the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly
3 factors which are required to be considered by this court i.e. prima facie case,
availability of Applicant accused at the time of trial and tampering and
hampering with the witnesses by the accused.
NEUTRAL CITATION
R/CR.MA/8603/2026 ORDER DATED: 23/04/2026
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(b) That the learned Advocate for the Applicant has submitted that the
Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 4.05.2025.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
7. Having heard the learned Advocates for the parties and perusing the
record produced in this case as well as taking into consideration the facts of the
case, nature of allegations, gravity of accusation, availability of the Applicant
Accused at the time of Trial etc. and the role attributed to the present Applicant
accused, the present Application deserves to be allowed and accordingly stands
allowed. This Court has also gone through the FIR and police papers and also
the earlier order passed by the learned Sessions Court where the learned
Sessions Judge has disallowed the bail Application at initial stage. The
Applicant Accused is ordered to be released on bail in connection with the
aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of
the like amount to the satisfaction of the trial Court, subject to the following
conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any
person acquainted with the fact of the case so as to dissuade him from
disclosing such facts to the Court or any Police Officer or tamper with the
evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of
residence to the Investigating Officer and to the Trial Court at the time of
executing the bond and shall not change the residence without prior permission
of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties
before the Trial Court. In case of change in such numbers inform in writing
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R/CR.MA/8603/2026 ORDER DATED: 23/04/2026
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immediately to the trial Court.
(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 pm.
(f) file an affidavit stating his immovable properties whether self acquired or
ancestral with description, location and present value of such properties before
the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court.
(h) surrender passport, if any, to the Trial Court within a week. If the Applicant
does not possess passport, shall file an Affidavit to that effect.
8. Bail bond to be executed before the Trial Court having jurisdiction to try
the case. It would be open for the Trial Court concerned to give time to furnish
the solvency certificate if prayed for.
9. If breach of any of the above conditions is committed, the Trial Court
concerned will be free to issue warrant or take appropriate action according to
law. The Authorities will release the Applicant forthwith only if the Applicant
is not required in connection with any other offence for the time being.
10. At the trial, the concerned trial Court shall not be influenced by the
prima facie observations made by this Court in the present order.
11. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
J.N.W / 21
