High Court of Gujarat
ARIFKHAN AZIMKHAN PATHANversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis, the applicant is entitled to regular bail and exercised its discretion to grant it.
Summary
Arifkhan Azimkhan Pathan applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a charge‑sheet was filed for offences under the IPC, the Foreigners Act and the Passport Act, alleged to have been committed to enable his Bangladeshi wife to remain in India. The State opposed bail, arguing the seriousness of the offences, while the applicant contended that the charges were not linked to any anti‑national activity and that continued detention served no purpose. The Court examined the nature of the allegations, noted the absence of any anti‑national motive, and relied on the Supreme Court’s decision in Sanjay Chandra v. CBI. Finding a prima facie case for bail, the Court exercised its discretion to grant regular bail, subject to a bond and several conditions. The order directed the lower court to release the applicant on bail and stipulated that any breach of conditions could lead to revocation.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for the offences alleged against the applicant.
- Whether the nature of the alleged offences, primarily immigration‑related, warrants denial of bail.
- Whether the discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be exercised in favour of the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Foreigners Act — s. 14B, 14C
- Indian Penal Code — s. 238, 336(2), 338, 339, 340(2), 54
- Passports Act — s. 12(1)(a), 12(1)(b)
Subjects
- regular bail
- charge-sheet
- IPC
- Foreigners Act
- Passport Act
- immigration
- bail conditions
- discretion
- Bharatiya Nagarik Suraksha Sanhita
Judgment
R/CR.MA/24164/2025 ORDER DATED: 09/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 24164 of 2025
==========================================================
ARIFKHAN AZIMKHAN PATHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/01/2026
ORAL ORDER
1. Heard learned advocate Mr.Soeb R. Bhoharia appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr.Trupesh
Kathiriya appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed 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.11204017250282 of 2025
registered with Chaklashi Police Station, Dis.Kheda for the offence
punishable under Sections 336(2) 338, 339, 340(2), 238 and 54 of the IPC
and under Sections 14B, 14C of the Foreigner Act and under Section 12(1)
(a), 12(1)(b) of the Passport 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
Page 1 of 4
R/CR.MA/24164/2025 ORDER DATED: 09/01/2026
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. 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 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. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:
(i) allegation against the applicant is of committing offences
punishable under sections 336(2) 338, 339, 340(2), 238 and 54
of the IPC and under Sections 14B, 14C of the Foreigner Act
and under Section 12(1)(a), 12(1)(b) of the Passport Act and
whereas it would appear that the offence is allegedly committed
so as to ensure that the wife of the applicant, who appears to be
Bangladeshi citizen could reside in India. Prima-facie appears
that, beyond trying to ensure that his wife is not required to
leave the country;
(ii) the offence is not with regard to any other allegations;
(iii) it does not appear that stay in India was for facilitating any
illegal / Anti-National activity whatsoever;
(iv) the fact of the charge-sheet having been filed by the
Investigating Officer also not reflecting any illegal / Anti-
National activity / purpose.
Page 2 of 4
R/CR.MA/24164/2025 ORDER DATED: 09/01/2026
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.
7. 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 fit case to exercise the discretion and enlarge the
applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R.No.11204017250282
of 2025 registered with Chaklashi Police Station, Dis.Kheda, on executing a
bond of Rs.10,000/- (Rupees Ten Thousand 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] 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 residence without prior intimation to the I.O.;
[f] mark presence once a month for a period of six months before
the concerned police station.
9. The Authorities will release the applicant only if he is not required in
Page 3 of 4
R/CR.MA/24164/2025 ORDER DATED: 09/01/2026
connection with any other offence 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.
10. 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. 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.
12. 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 12/01/2026 15:51:37
Page 4 of 4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.