R/CR.MA/13595/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGE-SHEET) NO.13595 of 2025 ========================================= KHALILUDDIN RAFIUDDIN SAIYAD Versus STATE OF GUJARAT ========================================= Appearance : MR ANIQ A KADRI for the Applicant. MS JIRGA JHAVERI, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 23/09/2025 ORAL ORDER 1. Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking release on regular bail in connection with the FIR No.11191028221025 of 2022 registered with Vejalpur Police Station, District Ahmedabad for the offences punishable under Sections 302, 450 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act. 3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions. Page 1 of 4 R/CR.MA/13595/2025 ORDER DATED: 23/09/2025 4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- (i) the applicant is in jail since 18.8.2022; (ii) the investigation is over and the charge-sheet is filed; (iii) even though the present applicant is in Jail since last more than three years, trial has not commenced and according to learned advocate Mr. Kadri, there are more than 30 witnesses to be examined and, therefore, completion of trial may take its own time; (iv) the only allegation against the applicant is that he was involved as a conspirator in the offence in crime and he has done Reiki of the victim lady who was killed by the co-accused as per the version of the prosecution and that the present applicant was not found on the spot and nothing was recovered or discovered from the applicant except for the fact that it is alleged that he has taken the amount towards contract killing; (iii) according to learned advocate Mr. Kadri, there are no past antecedents; 6. In view of the aforesaid facts, without discussing the R/CR.MA/13595/2025 ORDER DATED: 23/09/2025 evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR No.11191028221025 of 2022 registered with Vejalpur Police Station, District Ahmedabad on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave State of Gujarat without prior permission of the Sessions Judge concerned; [e] furnish latest address of 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 the trial Court; [f] mark his presence before the concerned police station twice in a month till the trial is over; 7. The Authorities will release the applicant only if the applicant 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. Bail bond to be executed before the learned 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 R/CR.MA/13595/2025 ORDER DATED: 23/09/2025 conditions, in accordance with law. At the trial, learned 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. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/09/2025 15:02:14