[Cites 3, Cited by 0]
Gujarat High Court
Shane Aalam S/O Haji Khali Malik vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/11342/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11342 of 2026
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SHANE AALAM S/O HAJI KHALI MALIK
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR HARDIK S. SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/05/2026
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.11191026260065 of 2026
registered with Kalupur Police Station, Ahmedabad City, for the
offence under Sections 119(1) and 54 of the Bharatiya Nyaya
Sanhita.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
The applicant is not named in the FIR and is unknown and durign
the investigation he came to be arrested on 11.04.2026.
Substantial part of investigation is over. The allegations against the
applicant is that the applicant in connivance with co-accused took
Rs.1,00,000/- forcefully from the pocket of the complainant and
same is recovered. He therefore submits that, considering the
nature of the offence, the applicant may be enlarged on regular bail
by imposing suitable conditions.
4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, prima facie
involvement of the applicant is revealed before the Executive
NEUTRAL CITATION
R/CR.MA/11342/2026 ORDER DATED: 11/05/2026
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Magistrate during Test Identification Parade the applicant is
identified. In CCTV footage presence of the applicant is noted.
Investigation is still pending and chargesheet is yet to be filed.
There is every possibility that the applicant if released on bail then
he will indulge in similar type of activities as he is having past
antecedents. Considering the conduct of the applicant, application
does not deserve any consideration.
5) 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.
6) I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following
aspects have been considered:
(1) Substantial part of investigation is over;
(2) Applicant is behind the bar since 11.04.2026;
(3) Muddamal amount is recovered from the applicant and
now there is nothing to be recovered or discovered from
the applicant;
(4) Remand period of the applicant is over;
(5) Obviously commencement and conclusion of trial will take
some time.
NEUTRAL CITATION
R/CR.MA/11342/2026 ORDER DATED: 11/05/2026
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7) 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) 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.11191026260065 of 2026
registered with Kalupur Police Station, Ahmedabad City 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 to leave State of Gujarat without prior permission of
NEUTRAL CITATION
R/CR.MA/11342/2026 ORDER DATED: 11/05/2026
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the Trial Court concerned;
(e) mark presence before the concerned Police Station once in
a week till filing of the chargesheet and after filing of the
chargesheet, mark presence before the concerned police
station once in a month for a period of six months;
(f) furnish the Aadhaar card, 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, contact number without prior
permission of Trial Court;
(g) if the applicant is found to be indulged in any illegal
activities in future, the trial Court concerned will be free to
issue warrant and cancel the bail granted to the applicant.
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 Judge
concerned will be free to issue warrant or 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 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) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
