SARFARAZ S/O MOHMMAD AADAM NAGANIversusSTATE OF GUJARAT

     R/CR.MA/8414/2026                          ORDER DATED: 21/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 8414 of 2026

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                  SARFARAZ S/O MOHMMAD AASAM NAGANI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
PRASHANT V CHAVDA(8510) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                            Date : 21/04/2026

                             ORAL ORDER


1.     Heard learned advocate appearing on behalf of the

applicant and learned APP appearing on behalf of the

respondent-State.

2.     Rule. Learned APP waives service of rule on behalf of the

respondent-State.

3.     The applicant has filed this application under Section 483 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the

applicant on Regular Bail in connection with FIR being C.R. No.

11210055260276 of 2026 registered with Salabatpura Police

Station, Surat for the offence punishable under Sections 316(5),

318(4), 351(3), 352 and 54 of the BNS, 2023.



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4.     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 submitted that, the applicant is ready and willing

to abide by all the conditions that may be imposed by this Court,

if released on bail. Learned advocate for the applicant has

submitted that, the applicant shall not leave the State of Gujarat

till the trial is over.

5.     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 discretion in favour of the

applicant and the application may be dismissed.

6.     I have heard learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered:-

     i. The applicant though is a permanent resident of

     Telangana, he shall not leave the State of Gujarat, hence

     would be available at the time of trial;


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     ii. The applicant does not have any criminal antecedents;

     iii. As per the prosecution case, the role of the applicant is that

        of a broker who had introduced the main accused

        Mohammad Ghaus Khan Muhammad Akbar Khan with the

        original complainant, and it was the original complainant

        who had sent the dress materials to the main accused.

     iv. The apprehension of the learned APP, as regards the non-

        availability of the applicant during the trial or that he would

        indulge in similar or such offences if granted bail, can be

        put to rest by imposing stringent conditions.




        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.

7.      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

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regular bail.

8.     Hence, the present application is allowed. The applicant is

ordered to be released on bail in connection with F.I.R. registered

as C.R. No. 11210055260276 of 2026 registered with Salabatpura

Police Station, Surat, on executing a bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand only) with two local sureties 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, and if he does not possess a passport, he shall file an

     affidavit to that effect;

     [d] not leave the geographical limits of Surat district

     without prior permission of the Court concerned;

     [e] furnish the present address of his residence in Gujarat to

     the I.O. and the Court at the time of execution of the bond



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      along with documentary proof, and shall not change his

      residence without prior intimation to the I.O. and the court;

      [f] mark his presence on every alternate day for two

      months, and thereafter, on every Monday before the

      concerned police station till the trial is over.

      [g] not indulge in similar kind of offence hereinafter, for

      which, he shall file affidavits before the concerned court and

      the police station.

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 Court concerned will be at liberty to take appropriate

action in accordance with law.

10.     Bail bond to be executed before the trial 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 stage of trial, the competent 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

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  enlarging the applicant on regular bail.

  12.      The application is allowed in the aforesaid terms. Rule is

  made absolute to the aforesaid extent. Direct service is

  permitted.




                                                         (UTKARSH THAKORBHAI DESAI, J)
  ANIRUDH OJHA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 22/04/2026 10:55:25




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