SHAHNAVAZ S/O HUSEN ABDUL KADAR SAIYAD(AS PER ORDER)versusSTATE OF GUJARAT

    R/CR.MA/16000/2026                                   ORDER DATED: 14/07/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 16000 of 2026
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   SHAHNAVAZ S/O HUSEN ABDUL KADAR SAIYAD(AS PER ORDER)
                               Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR OI PATHAN(7684) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 14/07/2026
                                   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.11187012250010 of 2025 registered with Cyber Crime
Police Station, District Mahisagar for the offences punishable under Sections
318(2), 318(4), 319(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short
“BNS”) and section 66-D of the Information Technology 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 exercised


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      R/CR.MA/16000/2026                                     ORDER DATED: 14/07/2026




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 applicant is not named in the FIR however, during investigation
          based on the statement of Divya and Poonam, it is found that account
          of sister of applicant namely Aliya was used to transfer Rs.4,67,500/-
          which amount is already recovered by the investigating agency. So far
          as another allegation that present applicant alongwith one co-accused
          Monu @ Parvez was receiving amount of USTD for which the applicant
          used to get 70 paise towards commission and received total Rs.6000/-
          but the said evidence is based on confessional statement of the
          accused and there is no any other corroborative piece of evidence
          which suggests involvement of the present applicant. Even otherwise,
          investigation is over and charge-sheet is filed;

(2)       Learned APP has opposed on the ground that applicant is involved in
          transfer of USTD and has received the commission;
(3)       None of the offence alleged is punishable with life sentence or death
          penalty and is triable by the Court of Magistrate;

(4)       Applicant is behind the bars since 06.12.2025;

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


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      R/CR.MA/16000/2026                                      ORDER DATED: 14/07/2026




(6)           The applicant is having nine past antecedents however, the applicant is
              governed by presumption of innocence unless proven guilty;

(7)           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
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.11187012250010 of 2025
registered with Cyber Crime Police Station, District Mahisagar 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 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;



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     R/CR.MA/16000/2026                                                           ORDER DATED: 14/07/2026




        (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 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 14/07/2026 16:11:15




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