MAHMADIRSAD MAHMADFAJAL MAHMAD (GORI)versusSTATE OF GUJARAT

    R/CR.MA/12720/2026                               ORDER DATED: 09/06/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 12720 of 2026
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              MAHMADIRSAD MAHMADFAJAL MAHMAD (GORI)
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                   Date : 09/06/2026
                       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.11821052260233 of 2026 registered
with Piplod Police Station, Dahod, for the offence under Sections 65(e), 81,
98(2) and 116-B of the Gujarat Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Investigation is over and charge-sheet is filed. 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 it is submitted that he is involved in
the offence. Hence, he has requested to dismiss the present application.

[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


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      R/CR.MA/12720/2026                                     ORDER DATED: 09/06/2026




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. Following aspects
have been considered:
(1)       Investigation is over and charge-sheet is filed;
(2)       Applicant is behind the bar since 28.022026;
(3)       No antecedent is reported against the applicant;
(4)       There is nothing to be recovered or discovered from the applicant;
(5)        Case is triable by the JMFC;


[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 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


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    R/CR.MA/12720/2026                                  ORDER DATED: 09/06/2026




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.11821052260233 of 2026 registered with Piplod Police Station, Dahod,
on executing a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with
one local 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 the Trial
            Court concerned;
    (e)     mark presence before the concerned police station once in a
            month for a period of six months between 11.00 am to 2.00 pm;
    (f)     furnish the Aadhar card, email ID/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;


[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.




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      R/CR.MA/12720/2026                                                ORDER DATED: 09/06/2026




[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 09/06/2026 15:36:31




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