MUSTAK S/O MAHAMMADRAHIM JAMAL PATHANversusSTATE OF GUJARAT

    R/CR.MA/15187/2026                                 ORDER DATED: 07/07/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 15187 of 2026
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          MUSTAK S/O MAHAMMADRAHIM JAMAL PATHAN
                              Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR AKASH R SALAT(18703) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 07/07/2026
                                  ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11192060260228 of 2026 registered with
Viramgam Rural Police Station, District Ahmedabad for the offences
under Sections 65(a)(e), 116(b), 98(2) and 81 of the Prohibition Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence and now
nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the offence, the applicant may be enlarged
on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the present
application for regular bail looking to the nature and gravity of the offence.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be



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      R/CR.MA/15187/2026                                   ORDER DATED: 07/07/2026




exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:

(1)       The allegation is that applicant was found transporting 38256
          bottles of IMFL worth Rs.47,82,000/- however, said muddamal is
          already recovered and substantial part of investigation is over;

(2)       None of the offence alleged is punishable with life sentence or
          death penalty and is triable by the Court of Magistrate;

(3)       Applicant is behind the bars since 04.06.2026;

(4)       There is nothing to be recovered or discovered from the applicant;

(5)       The applicant is not having any past antecedent;

(6)       Obviously commencement and conclusion of trial will take some
          time.

[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of



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    R/CR.MA/15187/2026                                    ORDER DATED: 07/07/2026




Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released     on    regular   bail   in   connection     with   FIR    being         C.R.
No.11192060260228 of 2026 registered with Viramgam Rural Police
Station, District Ahmedabad on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand only) with ONE LOCAL 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 &
             shall not obstruct or hamper the police investigation and shall
             not to play mischief with the evidence collected or yet to be
             collected by the police;

     (c)     surrender passport, if any, to the Trial Court within a week;

     (d)    not leave the State of Gujarat without prior permission of the
            Trial Court concerned;

     (e)    mark presence before the concerned Police Station once in a
            month for a period of six months between 11.00 a.m. and 2.00
            p.m.;

     (f)    furnish the UIDAI Number, Contact Number/s, Passport Number
            (if he is having the passport), E-mail address and present address


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    R/CR.MA/15187/2026                                                           ORDER DATED: 07/07/2026




               of his residence to the Investigating Officer and also to the Court
               at the time of execution of the bond and shall not change the
               residence without prior permission of Trial Court;

     (h)       not to indulge in any illegal activity or any similar type of offence
               failing which concerned Investigating Officer shall have liberty to
               file an application for cancellation of bail against the present
               applicant.


[9.0] 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 free to
issue warrant or take appropriate action in the matter.

[10.0]            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.

[11.0]            At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage made by
this Court while enlarging the applicant on bail.

[12.0]            Rule is made absolute to the aforesaid extent. Direct service is
permitted.




                                                                      (HASMUKH D. SUTHAR, J.)
Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2026 14:54:19




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