SALMAN @ SALLU S/O KAIYYUMKHAN AYYUBKHAN PATHANversusSTATE OF GUJARAT

 R/CR.MA/19467/2026(GJHC240615072026)                   ORDER DATED: 21/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 19467 of 2026
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  SALMAN @ SALLU S/O KAIYYUMKHAN AYYUBKHAN PATHAN & ANR.
                            Versus
                      STATE OF GUJARAT
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Appearance:
KRUNAL S MEHTA(9227) for the Applicant(s) No. 1
MR FEHAD A MEMON(13378) for the Applicant(s) No. 1,2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 21/08/2026

                                        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. 11188009260643 of 2026 registered
with Modasa Town Police Station, Aravalli, for the o1ences under
Sections 303(2) and 54 of BNS.

[3.0] Learned advocate appearing on behalf of the applicants submits that
the applicants are innocent and have been falsely implicated in the o1ence.
Substantial part of investigation is over. He therefore submits that,
considering the nature of the o1ence, 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 requested to dismiss the present application for
regular bail on the ground that the applicant and co-accused looted gold
chain of the complainant and committed theft. Further, the applicants have
several past antecedents. Therefore, present application does not deserve
consideration.




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[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)     Substantial part of investigation is over;
       (2)     None of the o1ence alleged is punishable with life sentence or
               death penalty ;
       (3)     Applicants are behind the bar since 28.06.2026;
       (4)     Recovery is already made and now there is nothing to be
               further recovered or discovered from the applicants;
       (5)     O1ence is triable by JMFC Court.
       (6)     Obviously commencement and conclusion of trial will take
               its own time.
       (7)     Co-accused having similarly situated role are enlarged on
               regular bail and therefore, on the ground of parity also
               (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported
               in      2011 (3) GLR            1999), present application deserves
               consideration.



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[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 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.
11188009260643 of 2026 registered with Modasa Town Police Station,
Aravalli, 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 week
           till "ling of the chargesheet and after "ling of the chargesheet,
           mark presence before the concerned police station once in a



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                 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;
       (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 inIuenced 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 21/08/2026 15:25:46
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