CR.MA/22671/2026 of MOHAMMADYASIN @ PAPAIYYA SHABBIRBHAI KURESHI Vs STATE OF GUJARAT on 13 October 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. 11191022260684 of 2026 registered with Isanpur Police Station, Ahmedabad, for the offences punishable under Sections 127(2), 204, 140(3), 308(2), 189(1), 189(2), 190, 54 of the BNS. [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 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:

The applicant along with co-accused have impersonated as policemen and extorted Rs.1,60,000/- through PhonePe from the complainant. Out of the said amount, Rs.1,30,000/- has been recovered and remaining Rs.30,000/- is yet to be recovered. The applicant has filed an undertaking that he is ready and willing to deposit the said amount to show his bona fide;

Applicant is behind the bars since 30.07.2026;

The applicant has no past antecedents;

Investigation is over and the charge-sheet is filed;

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

Offences are triable by the Court of Magistrate;

Obviously commencement and conclusion of trial will take some time;

The prosecution has failed to point out any circumstance that requires further incarceration of the present applicant;

Co-accused is released by this Court vide order dated 09.10.2026, passed in Criminal Misc. Application No. 23085 of 2026; [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. 11191022260684 of 2026 registered with Isanpur Police Station, Ahmedabad, 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 territory of State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in every month for a period of six months between 11:00 a.m. to 02:00 p.m.;

(f) furnish the copy of Aadhaar card, email ID/contact number / permanent 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 and contact number/SIM card 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; (h) deposit the amount of Rs.30,000/- before the concerned trial Court, at the time of his release; [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. (HASMUKH D. SUTHAR,J) UMESH/-

Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 13/10/2026 14:58:39