SUFIYAN @ RAGHU YUNUSBHAI @ YUSUFBHAI MEVATI (NAME AS PER LD SESSINS COURT ORDER)versusSTATE OF GUJARAT

      R/CR.MA/16140/2026                               ORDER DATED: 15/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
            CHARGESHEET) NO. 16140 of 2026

==============================================
SUFIYAN @ RAGHU YUNUSBHAI @ YUSUFBHAI MEVATI (NAME AS PER LD
                      SESSINS COURT ORDER)
                               Versus
                         STATE OF GUJARAT
==============================================
Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
==============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 15/07/2026

                                    ORDER

(1)      RULE. Learned APP waives service of rule for the respondent-State.
(2)      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.11821025260338 of 2026
         registered with Katwara Police Station, District - Dahod, for the
         offence under Sections 65(e), 116-B, 81 and 98(2) of the
         Prohibition Act.
(3)      Learned advocate appearing on behalf of the applicant submits that
         applicant is innocent and has been falsely implicated in the offence.
         Substantial part of investigation is over. Nothing is to be recovered
         or discovered from the applicant. He therefore submits that,
         considering the nature of the offence, the applicants may be
         enlarged on regular bail by imposing suitable conditions.
(4)      Learned APP appearing on behalf of the respondent-State has
         opposed the present application and submitted that, the applicant
         is very much involved in the present offence and considering the
         gravity of offence the present application does not deserve any
         consideration.




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      R/CR.MA/16140/2026                                          ORDER DATED: 15/07/2026




(5)      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)      I have heard the learned advocates appearing on behalf of the
         respective parties and perused the investigation papers. Following
         aspects have been considered:
             (1)     That the accused no.1 Sufiyan Chand Mohammad Shaikh
                     caught      red    handed     while   transporting       IMFL    worth
                     Rs.32,47,560/- and he was driving the Eeco Car and
                     released on bail by the coordinate Bench. So far the
                     present applicant is concerned he hired the accused no.1
                     as driver of Eeco Car. Except providing driver no role is
                     attributed to the applicant.
             (2)     Substantial part of investigation is over;
             (3)     Applicant is behind the bar since 29.06.2026;
             (4)     There is nothing to be recovered or discovered from the
                     applicant;
             (5)     There is no possibility to conclude the trial in near future.
             (6)     Offence is triable by JMFC Court.
(7)      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


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      R/CR.MA/16140/2026                                  ORDER DATED: 15/07/2026




         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)      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.11821025260338 of 2026
         registered with Katwara Police Station, District - Dahod 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 to leave 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


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      R/CR.MA/16140/2026                                                                ORDER DATED: 15/07/2026




                          chargesheet, mark presence before the concerned police
                          station once in a month for a period of six months;
                (f)       furnish the Aadhar 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 and SIM Card without prior
                          permission of Trial Court;
                (g)       if the applicant is found to be indulged in any illegal
                          activities in future, the trial Court concerned will be free to
                          issue warrant and cancel the bail granted to the applicant.


(9)       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)      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 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)      Rule is made absolute to the aforesaid extent. Direct service is
           permitted.




                                                                              (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 15/07/2026 14:37:22




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