[Cites 7, Cited by 0]
Gujarat High Court
Asfak Abdullah Zabha vs State Of Gujarat on 27 March, 2026
NEUTRAL CITATION
R/CR.MA/7108/2026 ORDER DATED: 27/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7108 of 2026
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ASFAK ABDULLAH ZABHA
Versus
STATE OF GUJARAT
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Appearance:
MR TANMAY B KARIA(6833) for the Applicant(s) No. 1
MS. AKSHAYA S. PUROHIT(18862) for the Applicant(s) No. 1
MR. KRUTIK PARIKH, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 27/03/2026
ORAL ORDER
1. Heard learned advocate Ms.Akshaya Purohit
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
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11207048250774
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R/CR.MA/7108/2026 ORDER DATED: 27/03/2026
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registered with Morva (H) Police Station, Panchmahals
for the offences punishable under Sections 65A, 65(e),
81,83, 98(2) of the Prohibition Act.
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 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 as coming
out from the charge-sheet, this Court may not exercise
discretion in favour of the applicant and the application
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R/CR.MA/7108/2026 ORDER DATED: 27/03/2026
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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 permanent resident of Godhra,
hence would be available at the time of trial;
ii. Of the ten previous antecedents, only one pertains to
the offence under the Prohibition Act.
iii. As per the prosecution case, the applicant is the
owner of the truck which was intercepted by the police
and was named in the FIR. However, he was not found
from the place, when the police had intercepted the
said truck.
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
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R/CR.MA/7108/2026 ORDER DATED: 27/03/2026
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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.
8. Hence, the present application is allowed. The
applicant is ordered to be released on bail in connection
with F.I.R. registered as C.R. No. 11207048250774 with
Morva (H) Police Station, Panchmahals on executing a
bail bond of Rs.25,000/- (Rupees Twenty Five 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, and if he does not possess a passport, he shall
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R/CR.MA/7108/2026 ORDER DATED: 27/03/2026
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file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond and shall not change his residence without
prior intimation to the I.O. and the court;
[f] twice mark his presence in the morning and evening
every day for a period of six months and thereafter on
every Monday before the concerned police station .
[g] the applicant shall not enter the local limits of
Dahod and Panchmahals districts, except for the
purpose of marking presence before the concerned
police station and for the purpose of attending trial.
9. 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 free to
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take appropriate action in the matter.
10. Bail bond to be executed before the lower 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.
11. 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 enlarging the applicant 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)
BIMAL
