BEKAKHAN S/O. JUMMAKHAN ALIKHAN PATHANversusSTATE OF GUJARAT

     R/CR.MA/12373/2026                               ORDER DATED: 03/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
            CHARGESHEET) NO. 12373 of 2026

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             BEKAKHAN S/O. JUMMAKHAN ALIKHAN PATHAN
                              Versus
                        STATE OF GUJARAT
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Appearance:
KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
MR. RONAK RAVAL. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 03/06/2026
                               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. 11195019260384 of 2026 registered with
        Deesa Rural Police Station, Dist. Banaskantha, for the
        offences punishable under Sections 65(A)(E), 116-B, 81, 83 and
        98(2) of the Prohibition Act.


3.      It is the submission of learned counsel for the applicant that he
        is   suffering    confinement    since   29.03.2026.      He    further
        submitted that the applicant has not 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,


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     R/CR.MA/12373/2026                              ORDER DATED: 03/06/2026




        considering the conduct of the applicant and nature of
        accusation, the discretion may not be exercised in favour of the
        applicant.


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 found in the car which was piloting a truck
        as alleged in the case papers. However, the fact remains that
        nothing has been found or recovered from the applicant herein
        and he has no past antecedents of like nature.               In such
        circumstances, I am inclined to exercise discretion in favour of
        the applicant, as keeping the applicant behind bars would not
        serve any useful purpose. Hence, the bail application is allowed.


                In such circumstances, considering the role attributable
        to present applicant herein and evidence in support of charge,
        without commenting on merits of the matter, I deemed it fit to
        release the applicant on bail. Hence, present application is
        allowed.


6.      Hence, the applicant is ordered to be released on regular bail in
        connection with the FIR being C.R. No. 11195019260384 of
        2026 registered with Deesa Rural Police Station, Dist.
        Banaskantha,       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


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        R/CR.MA/12373/2026                                                                       ORDER DATED: 03/06/2026




                        prosecution;

              (c)       surrender passport, if any, to the lower court within a
                        week;

              (d)       not leave India without prior permission of the
                        Sessions Judge concerned;

              (e)       furnish latest address of 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 the trial Court;




 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)
 Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 03/06/2026 11:30:43




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