SALIM AADHAM PADEYAR(PADHIYAR)versusSTATE OF GUJARAT

     R/CR.MA/18863/2026                           ORDER DATED: 14/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 18863 of 2026

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                      SALIM AADHAM PADEYAR(PADHIYAR)
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                              Date : 14/08/2026

                               ORAL ORDER


1.      Heard learned advocate appearing on behalf of the

applicant and learned Additional Public Prosecutor appearing on

behalf of the respondent-State. Learned advocate Ms. Taruna

Makawana states that, she has received instructions to appear on

behalf of the complainant. Registry to accept the Vakalatnama of

learned advocate Ms. Taruna Makawana and place it on record.



2.      Rule. Learned APP waives service of rule on behalf of the

respondent-State.



3.      The applicant has 'led this application under Section 483 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the



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applicant on Regular Bail in connection with FIR being C.R. No.

11205023260007 of 2026 registered at Kothara Police Station,

District:Kachchh-Bhuj, for the o7ence punishable under Sections

109(1), 309(4), 117(2), 115(2), 351(3), 296(b), 190, 191(1), 191(2),

191(3) and 61 the BNS, 2023 and Section 135(1) of the GP Act.



4.      Learned advocate for the applicant would submit that,

considering the role attributed to the applicant, and nature of

the allegation levelled, the applicant may be enlarged on regular

bail. It is further submitted that, since the charge-sheet is 'led,

further incarceration of the applicant will not bene't the

Investigation O=cer in any manner. It is further contended that,

the applicant is ready and willing to abide by all the conditions

that may be imposed by this Court, if released on bail.



5.      As against the same, learned Additional Public Prosecutor

appearing for the respondent – State has vehemently objected to

the grant of regular bail. Learned APP has submitted that looking

to the nature of o7ence and the role attributed to the present

applicant as coming out from the charge-sheet, this Court may

not exercise discretion in favour of the applicant and the


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application may be dismissed.



6.      Learned Additional Public Prosecutor Mr.Soaham Joshi has

placed on record the report submitted by Mr.A.M.Makwana,

Police Inspector, LCB, Kachchh-Bhuj (West). The said report is

taken on record.



7.      Learned advocate Ms. Taruna Makawana has appeared for

the original complainant and has placed on record the a=davit

'led by the original complainant.



8.      I have heard learned advocates appearing on behalf of the

respective parties and perused the charge-sheet                   papers.

Following aspects are considered:-

     i. The applicant is a permanent resident of District:Kachchh,

     hence would be available at the time of trial;

     ii. The regular bail application was 'led after 'ling of the

     charge-sheet vide Criminal Misc. Application No.7995 of 2026,

     was came to be withdrawn against the present applicant at

     the relevant time, while the Court had granted bail to the

     other co-accused by way of the order passed in the said

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     application on 06.05.2026.

     iii. The original complainant viz. Altaf Mohammad Hussain

     Hingora is present before the Court and has submitted his

     a=davit and has stated that settlement has been reached

     between him and the accused persons and the disputes

     between them have been done away with. Hence, he does not

     object if the present application is allowed.

     iv. It also appears that a cross-complaint was 'led from the

     applicant’s side against the original complainant and others.




        This Court has taken into consideration the law laid down

by the Hon’ble Apex Court in the case of Sanjay Chandra v.

Central Bureau of Investigation reported in [2012] 1 SCC 40.



9.      In the facts and circumstances of the case and considering

the nature of the allegations made against the applicant in the

First Information Report, 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



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regular bail.



10.      Hence, the present application is allowed. The applicants

are ordered to be released on bail in connection with F.I.R.

registered as C.R. No. 11205023260007/2026 registered with

Kothara Police Station, Kuchchh – West Bhuj, on executing a bail

bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with

one surety each 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;

[c] surrender passport, if any, to the lower court within a week,

and if they does not possess a passport, they shall 'le an

a=davits to that e7ect;

[d] not leave the State of Gujarat without prior permission of the

Sessions Court concerned;

[e] furnish the present address of their residence in Gujarat to

the I.O. and the Court at the time of execution of the bond along

with documentary proof and shall not change the residence


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without prior intimation to the I.O. and the court;

[f] mark presence on every Sunday before the concerned police

station, till the trial is over.

[g] not to enter Taluka:Abdasa for a period of three months;

[h] not indulge in similar kind of o7ence hereinafter, for which,

he shall 'le a=davits before the concerned court and the police

station.


11.      The Authorities will release the applicant only if he is not

required in connection with any other o7ence for the time being.

If breach of any of the above conditions is committed, the

Sessions Court concerned will be free to take appropriate action

in the matter.



12.      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.



13.      At the stage of trial, the trial court shall not be inIuenced

by any observations of this Court which are of preliminary nature,



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      R/CR.MA/18863/2026                                                  ORDER DATED: 14/08/2026




made at this stage only for the purpose of enlarging the

applicant on regular bail.



14.      The application is allowed in the aforesaid terms. Rule is

made absolute to the aforesaid extent. Direct service is

permitted.




                                                     (UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA




  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 14/08/2026 17:30:40




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