[Cites 1, Cited by 0]
Gujarat High Court
Shabbir @ Shablo Nasirbhai Pathan vs State Of Gujarat on 5 February, 2026
NEUTRAL CITATION
R/CR.MA/2239/2026 ORDER DATED: 05/02/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 2239 of 2026
==========================================================
SHABBIR @ SHABLO NASIRBHAI PATHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
SHRI I.H. SYED, senior advocate with MR VISHRUT BHANDARI(11297) for
the Applicant(s) No. 1
MR. AMAAN SYED(14385) for the Applicant(s) No. 1
MR MEET THAKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 05/02/2026
ORAL 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.11216026240014 of 2024 registered with Cyber Police
Station Gandhinagar Range, Gandhinagar.
2. Heard learned Advocate for the Applicant and learned APP
for the Respondent - State. Learned Advocate Mr. Jayprakash I.
Umot appears and states that he has received instructions to
appear on behalf of the Original Complainant and he would be
filing his Vakalatnama during the course of the day.
2.1 Registry to accept the Vakalatnama of learned Advocate
Mr. Jayprakash I. Umot and place the same on record.
3. Rule. Learned APP waives service of notice of Rule on
behalf of the Respondent - State and learned Advocate Mr.
NEUTRAL CITATION
R/CR.MA/2239/2026 ORDER DATED: 05/02/2026
undefined
Jayprakash I. Umot waives service of notice of Rule on behalf of
the Original Complainant.
4. 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.
5. Per contra, learned APP has opposed the present
application for grant of regular bail contending that the present
applicant had allowed his bank account to be used for deposit
the proceeds of fraud and had received an amount of Rs.08
lakhs towards commission for the said purpose. Thus, there is
an active participation of the applicant in commission of the
present offence. Learned APP has therefore submitted that
looking to the nature of offence, this Court may not exercise the
discretion in favour of the applicant and the Application may be
dismissed.
6. Learned Advocate appearing on behalf of the Original
Complainant submits thatthe matter has been amicably settled
between the parties and the complainant, who is present before
the Court, has no objection if the Applicant is ordered to be
enlarged on bail. He places on record the Affidavit of the Original
Complainant to the said effect. The Affidavit is ordered to be
taken on record.
7. Heard learned Advocates for the parties and perused the
NEUTRAL CITATION
R/CR.MA/2239/2026 ORDER DATED: 05/02/2026
undefined
record. The investigation is over and charge sheet is filed. The
role attributed to the present applicant in commission of the
present offence is to the effect that he had allowed his bank
account to be used for deposit of the amount of fraud and had
received the amount of Rs.08 lakhs towards commission. Having
regard to the role attributed to the present applicant, 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.
(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 28.05.2025.
(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.
8. 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
NEUTRAL CITATION
R/CR.MA/2239/2026 ORDER DATED: 05/02/2026
undefined
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 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.
NEUTRAL CITATION
R/CR.MA/2239/2026 ORDER DATED: 05/02/2026
undefined
9. 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.
10. 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.
11. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this Court in
the present order.
12. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
AHS
