[Cites 1, Cited by 0]
Gujarat High Court
Sajid Rahim Malek vs State Of Gujarat on 25 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6908/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6908 of 2026
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SAJID RAHIM MALEK
Versus
STATE OF GUJARAT
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Appearance:
ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1
MR KRUTIK PARIKH, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/03/2026
ORAL ORDER
1. Heard learned Advocate Mr.Saiyed appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr.
Krutik Parikh for the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of
the respondent-State.
3. The present applicant who has been arraigned as an
accused has preferred 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. 11199039260104 of 2026 registered with Palej
Police Station, District: Bharuch for offences punishable under
Sections 331(3), 331(4), 305(a), 54 and 317(2) of the Bhatriya
Nyay Sanhita, 2023 before filing of the charge-sheet more
particularly the application preferred by the applicants having
NEUTRAL CITATION
R/CR.MA/6908/2026 ORDER DATED: 25/03/2026
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been rejected by the learned Trial Court.
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 not filed 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. 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 applicant, this Court may not
exercise the discretion in favour of the applicant and the
application may be dismissed.
6. This Court has heard learned Advocates appearing on
behalf of the respective parties and perused the papers.
Following aspects are considered:-
(i) The allegation being that the accused had stolen
certain articles from the complainant company and
whereas the allegation against the applicant is of having
purchased the same and sold it.
NEUTRAL CITATION
R/CR.MA/6908/2026 ORDER DATED: 25/03/2026
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(ii) The fact of stolen goods not being found in the
possession of the present applicant.
(iii) While an amount of Rs. 2. 5 Lacs having been
recovered from the present applicant yet, it would
appear that the present applicant being a Scrap Dealer,
the recovery of such amount could not be directly co-
relatable to the present offence.
(iv) The fact of the applicant being in custody since
22.02.2026 and having no antecedents of any nature
whatsoever.
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 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 present application is allowed. The applicant
is ordered to be released on bail in connection with FIR being
C.R. No. 11199039260104 of 2026 registered with Palej
NEUTRAL CITATION
R/CR.MA/6908/2026 ORDER DATED: 25/03/2026
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Police Station, District: Bharuch on executing a bond of
Rs.10,000/- (Rupees Ten Thousand only) with one surety of
the 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 passport, if any, to the lower court
within a week;
[d] not to leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] Mark his presence in the concerned Police Station
once every 15 days till charge-sheet is filed and
thereafter once in a month for a period of three months;
[f] furnish the present address of residence to the I.O.
and also to the Court at the time of execution of the bond
and shall not change the residential address without
prior intimation to the I.O.
11. 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 Judge concerned will be free to take appropriate
action in the matter.
12 Bail bond to be executed before the lower court having
jurisdiction to try the case. It will be open for the concerned
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R/CR.MA/6908/2026 ORDER DATED: 25/03/2026
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Court to delete, modify and/or relax any of the above
conditions in accordance with law.
13 At the stage of trial, the trial 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
considering the application of the applicant for being released
on regular bail.
14. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
