MOHAMMEDALI @ FAIZAN MOHAMMED MUSTUFA SHAIKHversusSTATE OF GUJARAT

   R/CR.MA/17802/2026                                 ORDER DATED: 04/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 17802 of 2026

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         MOHAMMEDALI @ FAIZAN MOHAMMED MUSTUFA SHAIKH
                             Versus
                       STATE OF GUJARAT
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Appearance:
S D MANSURI(7509) 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 : 04/08/2026

                                   ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-
State.


[2.0] The present application is           led under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular        bail     in      connection         with      FIR         being
C.R.No.11191007260286 of 2026 registered with Bapunagar
Police Station, District Ahmedabad City, for the o.ences under
Sections 118(2), 115(2), 353 and 351(3) of BNS, 2023.


[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the o.ence. Injured is discharged from the hospital
and out of danger.           Substantial part of investigation is over.
Nothing is required to be recovered or discovered. He therefore
submits that, considering the nature of the o.ence, the applicant
may be enlarged on regular bail by imposing suitable conditions.




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   R/CR.MA/17802/2026                              ORDER DATED: 04/08/2026




[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the
present application for regular bail on the ground that the
applicant is very much involved in the present o.ence and
considering the gravity of o.ence, no case is made out to entertain
present bail application. Charge-sheet is yet to be            led. If the
applicant is released on bail, possibility cannot be ruled out that
the applicant will 6ee from justice and tamper with the evidence.
Therefore, present application does not deserve consideration.


[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged o.ence, 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)     Substantial part of investigation is over;



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   R/CR.MA/17802/2026                                     ORDER DATED: 04/08/2026




      (2)     Applicant is behind the bar since 03/06/2026;
      (3)     There is nothing to be recovered or discovered from the
      applicant;
      (4)     Injured is discharged from the hospital and out of
      danger;
      (5)     Obviously commencement and conclusion of trial will
      take its own time;
      (6)     The applicant is having no past antecedents;


[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      t 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.11191007260286 of 2026 registered with Bapunagar
Police Station, District Ahmedabad City, on executing a



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   R/CR.MA/17802/2026                                     ORDER DATED: 04/08/2026




personal bond of Rs.25,000/- (Rupees Twenty- ve 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;
   (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 week till         ling of the chargesheet and after        ling of the
          chargesheet, mark presence before the concerned police
          station once in a month for a period of six months;
   (f)    furnish the Aadhaar card, email ID/present address of
          his residence to the Investigating O.icer 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;
   (h)    not to enter into Bapunagar and Rakhiyal for a
          period of three months except for marking presence
          before        the    concerned        police   station    and/or          for
          attending Court;




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         R/CR.MA/17802/2026                                                          ORDER DATED: 04/08/2026




   [9.0] The authorities will release the applicant only if not required
   in connection with any other o.ence 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 in6uenced 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)
   ILA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 04/08/2026 14:16:10




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