MOHAMMAD ANZAR ABDUL ALIM SHAIKHversusSTATE OF GUJARAT

     R/CR.MA/320/2026                                   ORDER DATED: 08/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                   CHARGESHEET) NO. 320 of 2026

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                   MOHAMMAD ANZAR ABDUL ALIM SHAIKH
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 08/01/2026

                               ORAL ORDER


1.     Heard learned advocate Mr.Adil Mirza appearing on

behalf     of    the    applicant    and      learned    Additional        Public

Prosecutor        Mr.Jay    Mehta      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. 11200011252882/2025 registered with Valsad

Rural Police Station, Valsad for the offence punishable under



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      R/CR.MA/320/2026                               ORDER DATED: 08/01/2026




Sections 65(A), 65(e), 116(B), 81, 98(2) of the Prohibition 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 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, 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. While allegation against the applicant being that he was



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     a driver of the vehicle from which the contraband-liquor

     had been recovered, yet, it would appear that the applicant

     was neither the owner of the contraband-liquor nor the

     ultimate recipient of the same.

     ii. The fact of the applicant not having any antecedent.

     iii. Apprehension of the learned APP that the applicant is

     not being resident of the State of Gujarat, if released, he

     may abscond, could be allayed by imposing suitable

     conditions.

        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 F.I.R.

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      R/CR.MA/320/2026                         ORDER DATED: 08/01/2026




registered as C.R. No. 11200011252882/2025 registered with

Valsad Rural Police Station, Valsad, 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 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 residence without prior intimation

     to the I.O.;

     [f] mark presence once a fortnight till the charge-sheet is

     filed and thereafter 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



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   required in 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)
   Bhoomi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 09/01/2026 11:35:50




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