ARABHKHA SAKHIKHAN ADARIMKHAN SINDHI(MUSALMAN)versusSTATE OF GUJARAT

      R/CR.MA/2559/2026                             ORDER DATED: 04/02/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 2559 of 2026
========================================================
        ARABHKHA SAKHILHAN ADARIMKHAN SINDHI(MUSALMAN)
                             Versus
                       STATE OF GUJARAT
========================================================
Appearance:
MR JIGAR PATEL FOR MR HARSHIL C DATTANI(6241) for the Applicant(s) No.
1
MR RONAK RAVAL ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
========================================================
     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 04/02/2026

                                 ORAL ORDER


1.      Heard learned Advocate Mr. Jigar Patel for learned Advocate
Mr.Harshil Dattani on behalf of the applicant and learned Additional Public
Prosecutor Mr. Ronak Raval 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 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. 11195019251136 of 2025 registered
with Deesa Rural Police Station, District: Banaskantha for the offence
punishable under Sections 65(A), 65(E), 81, 83, 98 (2) and 116B of the
Gujarat Prohibition Act and Sections 336(2)(3), 338, 340(2) and 61 of the
Bhartiya Nyaya Sanhita, 2023.



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     R/CR.MA/2559/2026                                  ORDER DATED: 04/02/2026




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 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.     This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-


       (i)      The fact of the applicant being driver of the vehicle in which
       the prohibited liquor was being carried.


       (ii)     The fact of the applicant neither being the owner of the
       prohibited liquor nor being ultimate receiver.


       (iii)    The fact of the applicant being in custody since 15.10.2025 and
       the charge-sheet having been laid by the investigating officer



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     R/CR.MA/2559/2026                                     ORDER DATED: 04/02/2026




       (iv)     The fact of there being no antecedents against the applicant as
       per the affidavit of the Investigating Officer before the learned
       Sessions Court.


       (v)      apprehension of the learned APP that accused not being
       permanent resident of State of Gujarat would abscond upon being
       granted regular bail could be allayed by imposing suitable condition.


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 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.


9.      Hence, the present application is allowed. The applicant is ordered
to be released on bail in connection with FIR being C.R. No.
11195019251136 of 2025 registered with Deesa Rural Police Station,
District: Banaskantha 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;


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         R/CR.MA/2559/2026                                                         ORDER DATED: 04/02/2026




           [d] not to leave the State of Gujarat without prior permission of the
           Sessions Court concerned;
           [e] Mark presence in the concerned Police Station once month for a
           period of six months.
           [f] furnish the proposed 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 applicants 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
  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)
  NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 11:26:34



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