MUNAVAR KHALID MAMJIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The court exercised its discretion and granted regular bail to the applicant.
Summary
The Gujarat High Court considered an application for regular bail filed under Section 483 of the Bombay Narcotic Substances Act by Munavar Khalid Mamji, who had been arrested on 02‑03‑2026 in connection with FIR C.R. No.11199012250439 of 2025 alleging theft. The charges invoked Sections 331(4), 305(A) and 3(5) of the BNSS, and the applicant’s arrest was based solely on a co‑accused’s statement with no material recovered from his person. The State opposed bail, citing the seriousness of the allegations, while the applicant argued he played no vital role in the offence. After hearing both sides, the court noted the lack of direct evidence against the applicant and exercised its discretion to grant regular bail. Bail was conditioned on a personal bond of Rs 10,000, an equal surety, surrender of passport, furnishing of address, and monthly reporting to the police station, and the order expressly stated it does not reflect any opinion on the merits of the case.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet under Section 483 of the BNSS for offences under Sections 331(4), 305(A) and 3(5)
- Whether the court’s discretion to grant bail should be exercised despite the seriousness of the alleged theft
Subjects
Judgment
R/CR.MA/12207/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12207 of 2026
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MUNAVAR KHALID MAMJI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this application filed under Section 483
of the BNSS, seeks regular bail in connection with the FIR being
C.R. No.11199012250439 of 2025 registered with Bharuch ‘B’
Division Police Station, Bharuch for the offences punishable
under Sections 331(4), 305(A), 3(5) of the BNS Act.
3. It is the submission of learned counsel for the applicant that he is
suffering confinement since 02.03.2026. He further submitted
that the applicant has not alleged to have played any vital role in
the alleged offence. Hence, further detention of the applicant is
unwarranted.
4. Learned APP has opposed the bail application contending that,
considering the conduct of the applicant and nature of
accusation, the discretion may not be exercised in favour of the
applicant.
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R/CR.MA/12207/2026 ORDER DATED: 02/06/2026
5. Having heard the learned counsel for the respective parties and
upon perusal of the material placed on record, it appears that, the
applicant herein has been arraigned as accused on the allegation
of theft allegedly registered with Bharuch ‘B’ Division Police
Station, Bharuch, as referred in the case papers. Admittedly, he
has been arrested on the basis of the statement of co-accused. No
recovery is being effected from the personal search of the
accused. In such circumstances, having regard to the role
attributed to the present applicant herein, I am inclined to
exercise judicial discretion in favour of the applicant.
6. Hence, present application is allowed and the applicant is
ordered to be released on regular bail in connection with the FIR
being C.R. No.11199012250439 of 2025 registered with
Bharuch ‘B’ Division Police Station, Bharuch, on executing a
personal bond of Rs.10,000/- (Rupees Ten thousands only), with
one surety of the like amount to the satisfaction of the learned
Trial Court and subject to the conditions that he shall:
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injuries to the interest of the
prosecution;
(c) surrender passport, if any, to the lower court within a
week;
(d) furnish latest address of residence along with cell
number to the Investigating Officer and also to the
Court within week from actual release and shall not
change the residence without prior permission of the
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R/CR.MA/12207/2026 ORDER DATED: 02/06/2026
trial Court;
(e) mark his presence before the Bharuch ‘B’ Division
Police Station for a period of one year, in the first week
of every month between 11:00 a.m. to 01:00 p.m.
7. The authorities shall release the applicant if he is not required in
connection with the any other offence. If breach of any above
condition is committed, the Sessions Judge concerned shall take
appropriate action or issue warrant against the applicant. The bail
bond to be executed before the learned trial Court having
jurisdiction to try the case. It will be open for the sessions judge
concerned to delete, modify and/or relax any of the above
conditions, in accordance with law. Nothing stated hereinabove,
shall tantamount to the expression of any opinion on the merits
of this case. Rule is made absolute to the aforesaid extent. Direct
service permitted.
(ILESH J. VORA,J)
Rakesh
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 02/06/2026 11:12:04
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