[Cites 6, Cited by 0]
Gujarat High Court
Sheikh Ramzanali Mohmad Naseem vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8298/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8298 of 2026
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SHEIKH RAMZANALI MOHMAD NASEEM & ANR.
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the applicants(s) No. 1,2
MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
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,
2023 for enlarging the applicants on Regular Bail in
connection with FIR being C.R. No. 11824004260047 of
2026 registered with Songadh Police Station, Tapi, for
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R/CR.MA/8298/2026 ORDER DATED: 23/04/2026
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the offence punishable under Sections 65(e), 81 and 98(2)
of the Prohibition Act.
4. Learned advocate for the applicants would submit
that, considering the role attributed to the applicants,
and nature of the allegation levelled, the applicants may
be enlarged on regular bail. It is further submitted that,
since the charge-sheet is filed, further incarceration of
the applicants will not benefit the Investigation Officer in
any manner. It is further contended that, the applicants
are ready and willing to abide by all the conditions that
may be imposed by this Court, if released on bail.
Learned advocate upon instructions submits that the
applicants will remain within the State of Gujarat during
the trial.
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 applicants as
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R/CR.MA/8298/2026 ORDER DATED: 23/04/2026
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coming out from the charge-sheet, 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. So far
as applicant no.1-Sheikh Ramzanali Mohmad
Naseem is concerned, following aspects are considered:-
i. The applicant is a permanent resident of
District:Tapi, hence, would be available at the time of
trial.
ii. The applicant does not have any criminal
antecedent.
iii. The applicant was driver of the vehicle which was
used in carrying the contraband liquor.
iv. The investigation being over, charge-sheet has been
filed.
v. The apprehension of the learned APP as regards the
applicant if granted bail, he would once again indulge
in such or similar offense, can be put to rest by
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R/CR.MA/8298/2026 ORDER DATED: 23/04/2026
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imposing stringent conditions.
So far as applicant no.2-Goswami Vicky
Shaileshbhai is concerned, following aspects are
considered:-
i. The applicant is a permanent resident of
District:Tapi, hence, would be available at the time of
trial.
ii. As per the instructions of the learned advocate for
the applicant, the applicant has two criminal
antecedents, out of which, one offense is under Section
323 of IPC, wherein, he has been convicted for one
year, whereas, the second offense under the
Prohibition Act is pending.
iii.The applicant was the proposed supplier.
iv.The applicant was not caught from the place of raid.
v. The investigation being over, charge-sheet has been
filed.
vi.The apprehension of the learned APP as regards the
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applicant if granted bail, he would once again indulge
in such or similar offense, can be put to rest by
imposing stringent conditions.
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
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.
8. Hence, the present application is allowed. The
applicants are ordered to be released on bail in
connection with FIR being C.R. No. 11824004260047 of
2026 registered with Songadh Police Station, Tapi, on
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R/CR.MA/8298/2026 ORDER DATED: 23/04/2026
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executing a bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) each with one local surety qua each
applicant 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 passports, if any, to the trial court within
a week, and if they do not possess passports, they shall
file affidavits to that effect;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present addresses of their residences to
the I.O. and also to the Court at the time of execution
of the bond along with documentary proof and shall
not change their residences without prior intimation to
the I.O. and the court;
[f] So far as applicant no.1-Sheikh Ramzanali
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Mohmad Naseem is concerned, he shall mark
presence on every alternate day for a period of one
month and thereafter on every Tuesday before the
concerned police station till the trial is over.
[f] So far as applicant no.2-Goswami Vicky
Shaileshbhai is concerned, he shall mark presence on
every alternate day for a period of one month and
thereafter on every Wednesday before the concerned
police station 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.
9. The Authorities will release the applicants 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 Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent Court
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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 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.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
