Shahebaz Idris Chanda vs State Of Gujarat on 7 May, 2026

                                                                                                              NEUTRAL CITATION




                            R/CR.MA/6752/2026                                    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. 6752 of 2026

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                                            SHAHEBAZ IDRIS CHANDA
                                                     Versus
                                               STATE OF GUJARAT
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                      Appearance:
                      MR. I. H. SYED, LEARNED SENIOR ADVOCATE ASSISTED BY MR. ALTAF Y
                      CHARKHA(7271) learned Advocate for the Applicant(s) No. 1
                      MS MONALI BHATT, APP for the Respondent(s) No. 1
                      ==============================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 07/05/2026

                                                                   ORDER

1) RULE. Learned APP waives service of rule for the respondent-State.

2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11207002250559 of 2025 registered with Godhra B Division Police Station, District - Panchmahal for the offences under Sections 189(2), 189(3), 189(5), 190, 191(2), 192, 195, 326(g), 121(1), 329(3), 132, 324(5), 3(5), 352, 61(2)(a), 310(2), 152 and 238(a) of the Bharatiya Nyaya Sanhita and under Sections 3 and 4 of Prevention of Damage to Public Properties Act.

3) The brief facts of the case are that the accused no.1 - Zakir Ahmed Zabha had made viral a controversial post on social media, in which he is seen holding a banner with the contents, "I Love Mohammed". He himself exposed the banner in a public place and the post went viral. After this incident, on 17.09.2025, the accused no.1 went to Kalol to meet one Tanveer Sheikh, who had also made one viral video on Instagram with the contents that whether the girl says yes or no we are going to stalk her in Navrati. Thereafter, the Police

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Inspector, Godhra Town B Division Police Station had called the accused no.1 to explain him that he should not post or make viral any such post which spoils religious harmony, as there is Navratri festival. The CCTV footage of this meeting is also placed alongwith this record in which it is clearly visible that the accused is sitting in the police station, wherein, he was gently treated he was also offered tea/coffee. The accused also posted in the local Muslim Whatsapp group stating that he was beaten by the police regarding the Mohammed Saheb post and thereby he had instigated and misled the members of Muslim community. As such about 300 to 400 members of Muslim community had gathered immediately near the police station and also entered into the police station and raised provocative slogan and gathered mob protested in the name of religion. Such type of slogans are raised by extremists and these slogans were used by the accused and other accused persons to instigate the other members of unlawful assembly for committing such type of anti social act. Some members of the mob even entered into the chamber of the Police Inspector and created violence, they have damaged the furniture, CCTV cameras, wireless system as well as other belongings of the police station.

4) Learned Senior Advocate Mr. I. H. Syed, assisted by learned Advocate Mr. A. Y. Charkha, for the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. The complaint was filed against 88 accused and there was a mob of 200-300 people. The Co-accused are released on bail by the coordinate Bench. The applicant is not named in the FIR. The allegation against the applicant is that he was part of the mob and had broken the CCTV installed in the Police Station. Except this no role is attributed to the applicant. The applicant has no past antecedents. Investigation is over and chargesheet has been filed. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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5) Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that applicant is involved in the present offence and has committed serious offence along with co-accused. Therefore, present application does not deserve consideration.

6) 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 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.

7) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Investigation is over and charge-sheet is filed; (2) Applicant is behind the bars since 15.10.2025; (3) There is nothing to be recovered or discovered from the applicant;

(4) The applicant is having no past antecedents; (5) Co-accused have been released by the coordinate Bench;

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(6) Obviously commencement and conclusion of trial will take some time.

8) 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.

9) 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.11207002250559 of 2025 registered with Godhra B Division Police Station, District - Panchmahal 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;

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week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the 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;

(g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant.

10) 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.

11) 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.

12) 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.

13) Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI