[Cites 4, Cited by 0]
Gujarat High Court
Mohammadhusen @Rana Rahimbhai Kureshi vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/11393/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11393 of 2026
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MOHAMMADHUSEN @RANA RAHIMBHAI KURESHI
Versus
STATE OF GUJARAT
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Appearance:
MR. MOHAMMADFAIZAN M. SHAIKH(18336) for the Applicant(s) No. 1
MR HARDIK 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 Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for
regular bail in connection with FIR being C.R. No. Part-A-
11191010230593 of 2023 registered with Madhavpura Police
Station, Ahmedabad for the offences punishable under Sections
379(a)(3), and 114 of the Penal Code, 1860 (for short "IPC").
3. Learned Advocate appearing on behalf of the applicant/s
submits that the applicant has nothing to do with the offence
and he is falsely implicated in the offence. The applicant was
released on bail by an order dated 14.12.2023, passed by the
Coordinate Bench of this Court in Criminal Misc. Application No.
22344 of 2023. However, due to lack of knowledge and
unavoidable circumstances, the applicant could not appear
before the trial court for the trial. As a result of this breach of
condition, the applicant has been arrested and sent back to jail
on 06.04.2026. It is further submitted that, considering the
NEUTRAL CITATION
R/CR.MA/11393/2026 ORDER DATED: 11/05/2026
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nature of the offence, the applicant may be granted regular bail
with the imposition of suitable conditions.
4. Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature and
gravity of the offence. It is further submitted that the applicant is
directly involved in the offence and previously breached the
conditions imposed by the trial court when he was granted bail.
Therefore, the present application may be dismissed.
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. Having heard the learned advocates for the respective
parties and having perused the papers on record, it appears that
the charge-sheet has been filed. Earlier, the applicant was
NEUTRAL CITATION
R/CR.MA/11393/2026 ORDER DATED: 11/05/2026
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released on bail by an order dated 14.12.2023 passed by the
Coordinate Bench of this Court in Criminal Misc. Application No.
22344 of 2023. However, due to breach of the conditions of bail,
a non-bailable warrant was issued against him, and he was
arrested and sent back to jail on 06.04.2026. However, the
applicant now assures this Court that he will regularly attend
court proceedings, cooperate in the disposal of the case, and is
ready and willing to abide by all conditions imposed by the
Court.
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.
NEUTRAL CITATION
R/CR.MA/11393/2026 ORDER DATED: 11/05/2026
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Part-A-11191010230593 of 2023 registered with
Madhavpura Police Station, Ahmedabad 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 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 Trial Court concerned;
(e) mark presence before the concerned Police Station on
every fifteen days 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;
(g) not indulge in any illegal activity or any similar type of
offence. If the applicant is found in any illegal activity
or any similar type of activity, then, concerned
Investigating Officer shall have liberty to file an
application for cancellation of bail against the present
applicant.
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R/CR.MA/11393/2026 ORDER DATED: 11/05/2026
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In case of breach of any conditions, the concerned
Trial Court shall have liberty to cancel the bail of the
present applicant;
(h) The applicant will regularly attend the proceedings
of the Court.
(i) If the applicant is unable to attend the court, he
shall mark his presence through his learned
advocate and shall not dispute any proceedings
conducted in his absence during the said period.
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)
ALI
