SADAMHUSEN @ SOYEB SALIMBHAI SHAIKH MEMANversusSTATE OF GUJARAT

      R/CR.MA/5103/2026                                        ORDER DATED: 02/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 5103 of 2026

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                  SADAMHUSEN @ SOYEB SALIMKHAN MEMAN
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR MUNJAL V ACHARYA(10678) for the Applicant(s) No. 1
MR LB DABHI ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 02/03/2026

                                  ORAL ORDER


1.      Leave to amend.

2.      Heard learned advocate Mr.Munjal Acharya appearing on
behalf       of    the    applicant    and          learned        Additional     Public
Prosecutor         Mr.    L.B.Dabhi      appearing            on     behalf     of       the
respondent-State.



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



4.      The applicant has filed this application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging


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     R/CR.MA/5103/2026                       ORDER DATED: 02/03/2026




the applicant on Regular Bail in connection with FIR being
C.R. No. 11203068260065 of 2026 registered with Vanthali
Police Station, District: Junagadh for the offence punishable
under Sections 305 (a), 331(4) and 54 of the B.N.S. Act.



5.     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 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.



6.     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.



7.     I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-




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     R/CR.MA/5103/2026                                 ORDER DATED: 02/03/2026




i.     Allegation being that the applicant had committed offence
punishable under Sections 305(a), 331, 54 etc of the BNS Act
and whereas it would appear that the theft is of a basket of
nuts and balls though costing around Rs.2 Lakhs.


ii. The fact of the applicant being in custody since 24.01.2026
and whereas while it is stated that the applicant is having one
antecedent yet considering the maximum punishment that
could be imposed, this Court is inclined to grant bail.



       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



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      R/CR.MA/5103/2026                      ORDER DATED: 02/03/2026




is ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11203068260065 of 2026 registered with
Vanthali Police Station, District: Junagadh, on executing a
bond of Rs.25,000/- (Rupees Twenty Five 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 week till the charge-sheet is filed
   and thereafter once a month for a period of six three before
   the concerned police station.



10.     The Authorities will release the applicant only if he is



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      R/CR.MA/5103/2026                                                         ORDER DATED: 02/03/2026




not 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.



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)
NAIR SMITA V./12-DB


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/03/2026 10:51:19




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