SHAHRUKH YAKUB QURESHIversusSTATE OF GUJARAT

   R/CR.MA/15236/2026                                 ORDER DATED: 09/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 15236 of 2026

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                        SHAHRUKH YAKUB QURESHI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 09/07/2026

                                   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.11993002260370 of 2026 registered with Aadipur
Police Station, District Kachchh (East) Gandhidham, for the
offences under Sections 109(1), 118(2), 324(5), 296(b), 351(3),
61(2) of BNS, 2023 and Section 135 of GP Act.


[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Injured is discharged from the hospital
and out of danger.           Substantial part of investigation is over.
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.



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   R/CR.MA/15236/2026                              ORDER DATED: 09/07/2026




[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 on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to entertain
present bail application. Chargesheet is yet to be filed. If the
applicant is released on bail, possibility cannot be ruled out that
the applicant will flee from justice and tamper with the evidence.
Therefore, present application does not deserve consideration.


[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 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. Role
attributed to present applicant is that he has participated in the
alleged offence, however, the knife blow is inflicted by accused



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   R/CR.MA/15236/2026                              ORDER DATED: 09/07/2026




no.2. Victim is discharged from the hospital and out of danger.
Following aspects have been considered:


      (1)     Substantial part of investigation is over;
      (2)     Applicant is behind the bar since 11/06/2026;
      (3)     There is nothing to be recovered or discovered from the
      applicant;
      (4)     Injured is discharged from the hospital and out of
      danger;
      (5)     Though the applicant is having past antecedents, he is
      presumed to be innocent till proven guilty;
      (6)     Obviously commencement and conclusion of trial will
      take its own 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 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



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   R/CR.MA/15236/2026                                     ORDER DATED: 09/07/2026




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.11993002260370 of 2026 registered with Aadipur
Police Station, District Kachchh (East) Gandhidham, on
executing a personal 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/she 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 week till filing of the chargesheet and after filing of the
          chargesheet, mark presence before the concerned police
          station once in a month for a period of six months;
   (f)    furnish the Aadhaar card, email ID/present address 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/contact number without prior
          permission of Trial Court;
   (g)    not to indulge in any illegal activity failing which learned
          trial Court shall issue warrant and cancel the bail of the
          applicant;



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      R/CR.MA/15236/2026                                                          ORDER DATED: 09/07/2026




      (h)      not to enter into Gandhidham District for a period of
               six months except for marking presence before the
               concerned police station and/or for attending Court;


[9.0] The authorities will release the applicant only if 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)
ILA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 09/07/2026 14:24:20




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