NAWAZ @ BAPU FARUKHBHAI BUKHARIversusSTATE OF GUJARAT

      R/CR.MA/20336/2025                            ORDER DATED: 22/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 20336 of 2025

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                     NAWAZ @ BAPU FARUKHKHAN BUKHARI
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MR JAY MEHTA APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 22/01/2026

                               ORAL ORDER


1.       Heard learned Advocate Mr.Jigar B. Oza on behalf of the applicant
and learned Additional Public Prosecutor Mr. Jay Mehta on behalf of the
respondent-State.


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


3.       The present applicant who has been arraigned as an accused has
preferred this application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11192011240756 of 2025 registered
with Bopal Police Station, Ahmedabad Rural for the offences
punishable under Sections 61, 316(2), 319(2), 336(2), 336(3), 336(4), 338
and 340(2) of Bhartirya Nyay Sanhita, 2023 and sections 66-C and 66-D of
the Information Technology Act.




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     R/CR.MA/20336/2025                                   ORDER DATED: 22/01/2026




4.      Learned Advocate on behalf of the applicant would submit that
considering the role attributed to the applicant, and nature of the allegation
levelled against, the applicant may be enlarged on regular bail. It is further
submitted that since the charge-sheet is filed no useful purpose would be
served by keeping the applicant in jail for indefinite period. It is further
submitted that 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 offence and
the role attributed to the present applicant as coming out from the charge-
sheet, this Court may not exercise the discretion in favour of the applicant
and the application may be dismissed.


6.      This Court has heard learned Advocates for the respective parties and
perused the FIR including charge-sheet as well as order passed by learned
Session Court as well as affidavit filed by the investigating officer before the
learned Trial Court. Following aspects are considered:


                (i)       The offence being of one punishable under Sections 61,
                316(2), 319(2) etc., of the BNS alleging that the accused had
                hatched a criminal conspiracy whereby the accused had lured
                the complainant and other such persons to invest in a non-
                existent company and having withdrawn the amount without
                giving any return whatsoever.


                (ii)      The allegation against the present applicant being that


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     R/CR.MA/20336/2025                                   ORDER DATED: 22/01/2026




                he had provided bank accounts where the proceeds of the
                crime were deposited and subsequently the applicant had
                withdrawn some of the amounts from the said account and
                had passed it over to the main accused.


                (iii)     It would appear in this regard that the applicant, had
                provided thirty accounts and had received a commission of
                Rs.6,00,000/- that is Rs.20,000/-per account.


                (iv)      It also does not appear that the present applicant was
                part of the main conspiracy more particularly the fraud running
                into around Rs. 1.44 Crores.


Considering the above it appears the applicant was not part of the
conspiracy and he provided account of number for a commission and also
considering that the applicant had been arrested on 30.05.2025 and the
charge-sheet having been filed by the investigating officer this Court is
inclined to consider this application.


7.      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.


8.      In the facts and circumstances of the case and considering the nature
of the allegations made against in the First Information Report, 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.


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      R/CR.MA/20336/2025                                  ORDER DATED: 22/01/2026




9.        Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11192011240756
of 2025 registered with Bopal Police Station, Ahmedabad Rural on
executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands only)
with one surety of the like amount to the satisfaction of the trial Court and
subject to the conditions that he 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;


        [d]      not leave the State of Gujarat without prior permission of the
                 Sessions Court concerned;


        [e]      Mark his presence in the concerned Police Station once in a
                 month for a period of six months between 11:00 a.m. to 2:00
                 p.m.



        [f]      furnish the present address of residence to the I.O. and also to
                 the Court at the time of execution of the bond and shall not
                 change the residential address without prior intimation to the
                 I.O.


10.      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


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       R/CR.MA/20336/2025                                                            ORDER DATED: 22/01/2026




free to take appropriate action in the matter.


11.         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.


12.        At the stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicant
for being released on regular bail.


13.        The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.




                                                                                      (NIKHIL S. KARIEL,J)
MISHRA AMIT V.

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 23/01/2026 11:48:26




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