SIDDIKKHAN SABBIRKHAN MAHAMMAD KHAN PATHAN (SIDDIKKHAN SABBIRKHAN PATHAN)versusSTATE OF GUJARAT

   R/CR.MA/18346/2026                                  ORDER DATED: 07/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 18346 of 2026
==========================================================
 SIDDIKKHAN SABBIRKHAN MAHAMMAD KHAN PATHAN (SIDDIKKHAN
                 SABBIRKHAN PATHAN) & ANR.
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR FEROZ H PATHAN(2958) for the Applicant(s) No. 1,2
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 07/08/2026

                                  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. 11204040260179 of 2026 registered
with Matar Police Station, Kheda, for the o1ences under Sections 118(1)
352 and 54 of the BNS and Section 135 of the GP Act.

[3.0] Learned advocate appearing on behalf of the applicants submits that
the applicants are innocent and have been falsely implicated in the o1ence.
Investigation is over and chargesheet has been "led. Nothing is required to
be recovered or discovered. The applicants have no past antecedent. He
therefore submits that, considering the nature of the o1ence, the
applicants 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 requested to dismiss the present application for
regular bail on the ground that the applicants have in8icted stick blows on
the head of the victim/s and caused serious injuries and considering the
gravity of o1ence, no case is made out to entertain present bail application.
Therefore, present application does not deserve consideration.


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   R/CR.MA/18346/2026                                 ORDER DATED: 07/08/2026




[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o1ence, 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 chargesheet has been "led;
      (2)     Applicants are behind the bar since 21.07.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicants;
      (4)     Dispute is between the neighbors and no past antecedents;
      (5)     Injured is out of danger and discharged from the hospital;
      (6)     Obviously commencement and conclusion of trial will take
              its own time.

[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



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    R/CR.MA/18346/2026                                  ORDER DATED: 07/08/2026




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 applicants 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 applicants on regular bail.
Hence, the present application is allowed. The applicants are ordered to be
released on regular bail in connection with FIR being C.R. No.
11204040260179 of 2026 registered with Matar Police Station, Kheda, on
executing a personal bond of Rs.25,000/- (Rupees Twenty-"ve Thousand
only) each with one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that they 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
           month for a period of six months; ;
   (f)     furnish the Aadhaar card, email ID/present address of his
           residence to the Investigating OGcer 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;



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       R/CR.MA/18346/2026                                                       ORDER DATED: 07/08/2026




      (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 applicants only if they are not required
 in connection with any other o1ence 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 in8uenced by the observations
 of preliminary nature qua the evidence at this stage made by this Court
 while enlarging the applicants 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 07/08/2026 14:29:38

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