High Court of Gujarat
AABID MOHAMMADYAMIN SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that regular bail should be granted as the offence is not punishable with life or death, the investigation is complete, and there is no risk of tampering or absconding.
Summary
The High Court of Gujarat considered an application for regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, filed by Aabid Mohmadyamin Shaikh in connection with FIR No.11191038260057 alleging offences under Sections 108 and 115(2) of the same Act. The applicant claimed innocence, alleging the deceased had committed suicide and that the complaint was false, while the State opposed bail, citing the seriousness of the allegations. The Court examined the completed investigation, the fact that the offences carry a maximum punishment of ten years, the applicant’s lack of prior criminal record, and the absence of any risk of tampering with evidence or witnesses. Relying on established bail jurisprudence and Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor), the Court held that continued pre‑trial detention would amount to a de facto conviction. Consequently, the Court granted regular bail on a personal bond of Rs.25,000 with specified conditions, directing the lower court to execute the bond.
Issues considered
- Whether regular bail can be granted under Section 483 BNSS after the filing of a charge‑sheet for offences punishable up to ten years
- Whether the nature of the allegations, the applicant’s conduct and the completed investigation justify bail
Subjects
regular bailpost‑charge‑sheet bailBharatiya Nagrik Suraksha SanhitaSection 108Section 115(2)personal libertyArticle 21Gujarat
Judgment
R/CR.MA/11069/2026 ORDER DATED: 11/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11069 of 2026
==========================================================
AABID MOHMADYAMIN SHAIKH
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MUKESH R KORI(5205) for the Applicant(s) No. 1
MR. SHIVKUMAR M KORI(19497) for the Applicant(s) No. 1
MS VRUNDA C SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/06/2026
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 Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular bail in connection with FIR being C.R.
No.11191038260057 of 2026 registered with Vatva Police
Station, Ahmedabad for the offences punishable under Sections
108 and 115(2) of the BNS Act.
[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the offence. He therefore submits that, considering the nature
of the offence, the applicant may be enlarged on regular bail by
imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State
has opposed the present application and submitted that the
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R/CR.MA/11069/2026 ORDER DATED: 11/06/2026
present applicant is involved in the offence and 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 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, the investigation is over. Following aspects have
been considered:
(1) investigation is over & charge-sheet is filed ;
(2) None of the offence alleged is punishable with life
sentence or death penalty as the offence is punishable
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R/CR.MA/11069/2026 ORDER DATED: 11/06/2026
upto 10 years;
(3) Applicant is behind the bars since 23.01.2026;
(4) Nothing is required to be recovered and discovered from
the accused;
(5) The allegation against the applicant is that he maintained
a cordial relationship with the deceased and entered into
an affair with her. However, subsequently, he refused to
enter into a matrimonial alliance with the deceased.
Considering the aforesaid facts, it appears that the
deceased committed suicide, and in connection therewith,
the present complaint came to be lodged against the
applicant.
(7) This Court has also considered the quantum of
punishment.
(8) No past criminal antecedent is reported against the
applicant;
[7.0] 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
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R/CR.MA/11069/2026 ORDER DATED: 11/06/2026
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.11191038260057 of 2026 registered with Vatva 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 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 Trial Court concerned;
(e) mark presence before the concerned Police Station
once in a month between 11.00 a.m. and 2.00 p.m., till
filing of the charge-sheet;
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R/CR.MA/11069/2026 ORDER DATED: 11/06/2026
(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
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 11/06/2026 18:47:26
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