SALIM HABIBBHAI PADAYA (SALIMBHAI S/O HABIBBHAI KASHAMBHAI PADAYA)versusSTATE OF GUJARAT

   R/CR.MA/15452/2026                                ORDER DATED: 08/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 15452 of 2026
==========================================================
 SALIM HABIBBHAI PADAYA (SALIMBHAI S/O HABIBBHAI KASHAMBHAI
                          PADAYA)
                            Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR ADITYA JADEJA APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 08/07/2026

                                  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
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11203025250900 of 2025 registered
with Junagadh Taluka Police Station, Junagadh, for the offences under
Sections 317(2), 317(4) and 54 of BNS and Section 66(D) of the Information
Technology Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet has been filed. Nothing is required to
be recovered or discovered. The applicant has no past antecedent. 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 has requested that it be dismissed on the
ground that the applicant, in connivance with the other accused, opened
bank accounts, obtained SIM cards linked to those bank accounts and after
receiving the bank kits, handed them over to the co-accused. It is alleged



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that amounts obtained through the alleged offence were deposited into
those accounts and were subsequently withdrawn by the accused.
Therefore, it is submitted that the present application does not deserve to
be considered for the grant of regular bail.

[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. Following aspects
have been considered:

       (1)     Investigation is over and charge-sheet is filed;
       (2)     Applicant is behind the bar since 01.02.2026;
       (3)     There is nothing to be recovered or discovered from the
               applicant;
       (4)     Offence is triable by JMFC Court;
       (5)     No past antecedent;
       (6)     Obviously commencement and conclusion of trial will take
               its own time.

       (7)      Role of the applicant is that the applicant, in connivance with



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    R/CR.MA/15452/2026                                  ORDER DATED: 08/07/2026




               the other accused, opened bank accounts, obtained SIM cards
               linked to those bank accounts and after receiving the bank kits,
               handed them over to the co-accused. In the said scam, the
               applicant facilitated the co-accused and for that he has
               received commission of Rs.5,000/-.

[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 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.
11203025250900 of 2025 registered with Junagadh Taluka Police
Station, Junagadh, 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/she 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;


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         R/CR.MA/15452/2026                                                       ORDER DATED: 08/07/2026




        (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 every
                  month for a period of six months between 11.00 a.m. and 2.00
                  p.m.;
        (f)       furnish the Aadhaar 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;
        (g)       not to indulge in any illegal activity failing which learned trial
                  Court shall issue warrant and cancel the bail of the applicant.
   [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)

   SUCHIT


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 08/07/2026 14:59:14


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