[Cites 4, Cited by 0]
Gujarat High Court
Mohammad Nasimkhan Shafiqkhan vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/11054/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11054 of 2026
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MOHAMMAD NASIMKHAN SHAFIQKHAN
Versus
STATE OF GUJARAT
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Appearance:
MR YASH N NANAVATY(5626) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in
connection with FIR being C.R. No. 11214023260192 of 2026 registered
with Kadodara GIDC Police Station, for the offence punishable under
Sections 303(2), 316(3), 317(4), 61(2)(a), 336(2), 336(3) and 340(2) of the
BNS.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Applicant is having no past antecedents. It is submitted that investigation is
over and charge-sheet is filed. Considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing stringent conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that applicant is involved in
the offence. Hence, she has requested to dismiss the present application for
regular bail looking to the nature and gravity of the offence.
[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
NEUTRAL CITATION
R/CR.MA/11054/2026 ORDER DATED: 07/05/2026
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exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. In present case,
following aspects have been considered:
(1) Substantial part of the investigation is over ;
(2) None of the offence alleged is punishable with life
sentence or death penalty;
(3) Applicant is behind the bars since
(4) There is nothing to be recovered or discovered from the
applicant;
(5) case is triable by the JMFC;
(6) Obviously commencement and conclusion of trial will take
some time;
(7) the role attributed to the present applicant that he was in
contact with the driver was engaged in the chemical business
and transportation of the chemical. It is alleged that in
collusion and in connivance with the other accused persons, he
has illegally procured the chemical and subsequently in turn he
has sold the same to the different parties;
(8) the fact that he has played active role as a middleman;
NEUTRAL CITATION
R/CR.MA/11054/2026 ORDER DATED: 07/05/2026
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[7.0] Considering the decision rendered in case of Rameshbhai Batubhai
Dabhi vs. State of Gujarat reported in (1999) 3 GLR 1150, on the ground of
parity, the present application may be allowed.
[7.1] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that "bail is a rule and jail is exception" as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11214023260192 of 2026 registered with Kadodara GIDC Police Station,
on executing a personal 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 &
shall not obstruct or hamper the police investigation and shall
not to play mischief with the evidence collected or yet to be
collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the
NEUTRAL CITATION
R/CR.MA/11054/2026 ORDER DATED: 07/05/2026
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Trial Court concerned;
(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
p.m.;
(f) Furnish the UIDAI Number, Contact Number/s, Passport
Number (if he is having the passport), E-mail address and
present address of his residence to the Investigating Officer
and also to the Court at the time of execution of the bond and
shall not change the residence without prior permission of Trial
Court;
[9.0] 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
issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations
of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
