[Cites 10, Cited by 0]
Gujarat High Court
Saddamhussein Sabbirahemad Shaikh vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
R/CR.MA/8884/2026 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8884
of 2026
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SADDAMHUSSEIN SABBIRAHEMAD SHAIKH
Versus
STATE OF GUJARAT
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Appearance:
MR YASH J PATEL(11240) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 04/05/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service
of notice of rule for respondent - State of Gujarat.
2. By way of this application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
"BNSS"), the applicant has prayed for anticipatory bail in the
event of arrest in connection with the FIR No.
11215029260090 of 2026, registered with Tarapur Police
Station, District: Anand, for the offences punishable under
Sections 325 and 54 of the Bharatiya Nyaya Sanhita. 2023,
and Sections 5(1), 6B, 6B(2) 8(1), 8(2), 8(3), 8(4) and 10 of
the Gujarat Animal Preservation (Amendment) Act, 2017.
3. Learned advocate for the applicant submits that the
nature of allegations are such that custodial interrogation at
NEUTRAL CITATION
R/CR.MA/8884/2026 ORDER DATED: 04/05/2026
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this stage is not necessary. It is further submitted that the
applicant will keep himself available during the course of
investigation and trial also and will not flee from justice.
3.1 The learned advocate for the applicant further states that
the applicant shall abide by all the conditions that may be
imposed while granting anticipatory bail to the applicant.
Accordingly, it is urged that this application may be allowed
and to grant the anticipatory bail to the applicant.
4. As against this, the learned Additional Public Prosecutor
appearing on behalf of the respondent - State has opposed
grant of anticipatory bail looking to the nature and gravity of
the offence and requested not to entertain this application.
5. Having heard the learned advocates appearing for the
parties and perusing the papers available on record, it is
incumbent upon the Court to exercise its discretion
judiciously, cautiously and strictly in compliance with the
basic principles laid down in plethora of decisions of the
Apex Court on the point. It is well settled that, among other
circumstances, the factors to be borne in mind while
considering an application for bail are (i) the nature and
gravity of the accusation; (ii) the antecedents of the applicant
including the fact as to whether he has previously undergone
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R/CR.MA/8884/2026 ORDER DATED: 04/05/2026
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imprisonment on conviction by a Court in respect of any
cognizable offence; (iii) the possibility of the applicant to flee
from justice; and (iv) where the accusation has been made
with the object of injuring or humiliating the applicant by
having him so arrested. Though at the stage of granting bail
an elaborate examination of evidence and detailed reasons
touching the merits of the case, which may prejudice the
case of accused, should be avoided. However, following aspects
have been taken into consideration:
a) the accused No.1 - Nazirmiya Rahemanmiya Qureshi given
statement that he has sold 20 kg. goods in question, to the
accused No.3 i.e. present applicant, based on such statement,
the name of the present applicant has been surfaced in the
FIR;
b) no Muddmal has been recovered from the present
applicant;
c) except from the call records between the original accused
No.1- Nazirmiya and the present applicant, there is nothing
to point out, as to how the present applicant is involved in
the alleged crime;
d) the applicant has no past antecedents;
e) the learned advocate for the applicant has assured that
the applicant will not flee from justice and would be
available during investigation as well as the trial.
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6. Considering the aforesaid aspects and the law laid down
by the Hon'ble Apex Court in the case of Siddharam
Satlingappa Mhetre v. State of Maharashtra and Others,
reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex
Court reiterated the law laid down by the Constitution Bench
in the case of Shri Gurubaksh Singh Sibbia & Others,
reported in (1980) 2 SCC 665 and also the decision in the
case of Sushila Aggarwal v. State (NCT of Delhi), reported in
(2020) 5 SCC 1, the Court is inclined to allow the present
application.
7. In the result, this application is allowed by directing that
in the event of arrest/appearance of the applicant in
connection with the above-referred FIR, the applicant shall be
released on bail on furnishing a personal bond of Rs.10,000/-
(Rupees Ten Thousand) with one surety of like amount on
the following conditions that applicant:
(a) shall cooperate with the investigation and make available
for interrogation whenever required;
(b) shall 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 to any police officer;
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(c) shall not obstruct or hamper the police investigation and
not to play mischief with the evidence collected or yet to be
collected by the police;
(d) shall remain present at the concerned Police Station on
11.05.2026 between 11.00 a.m. and 2.00 p.m. and the IO
shall ensure that no unnecessary harassment or inconvenience
is caused to the applicant;
(e) shall at the time of execution of bond, furnish the
address to the investigating officer and the court concerned
and shall not change residence till the final disposal of the
case till further orders;
(f) shall not leave India without the permission of the Court
and if having passport shall deposit the same before the trial
Court within a week;
g) It is open to the police or the investigating agency to
move the learned trial Court for a direction under Section
483(2) of the BNSS to arrest the accused, in the event of
violation of any term, such as absconding, non-cooperating
during investigation, evasion, intimidation or inducement to
witnesses with a view to influence outcome of the
investigation or trial, etc.
7.1 At the trial, the Trial Court shall not be influenced by
the prima facie observations made by this Court while
considering the bail application.
NEUTRAL CITATION
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8. It is made clear that this order of anticipatory bail does
not in any manner limit or restrict the rights or duties of
the police or investigative agency to investigate into the
charges against the applicant who is granted pre-arrest bail.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted
(SANJEEV J.THAKER,J)
SRILATHA
