R/CR.MA/20500/2026(GJHC240667512026) ORDER DATED: 24/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 20500 of 2026 ============================================== SAHVAJ @ SHAHBAZA ZAKIR AALAM Versus STATE OF GUJARAT & ORS. ============================================== Appearance: M S.HARSHADA N PATIL(9985) for the Applicant(s) No. 1 MR. JIGAR A PATEL(9984) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 3 MS.AKSHITABA SOLANKI(6782) for the Respondent(s) No. 3 NOTICE NOT RECD BACK for the Respondent(s) No. 2 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/09/2026 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.11210046260327 of 2026 registered with Puna Police Station, Surat for the offences under Sections 137(2), 64(2)(M) and 87 of the Bharatiya Nyaya Sanhita and under Sections 4, 6, 8 and 12 of the POCSO Act. 3) 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. Investigation is over and chargesheet has been filed. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4) Learned APP appearing on behalf of the respondent-State and learned Advocate for the respondent no.3 – original complainant have opposed the present application and requested to dismiss the R/CR.MA/20500/2026(GJHC240667512026) ORDER DATED: 24/09/2026 present application for regular bail on the ground that the applicant is involved in the present offence and played an active role. There is every possibility that, if the applicant is released on bail, he will indulge in similar offences and try to tamper with the evidence. Therefore, present application does not deserve consideration. 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) It appears that the victim and applicant eloped and stayed at Delhi for 20 to 24 days for solemnization of their marriage. Thereafter, complaint was registered and appeared before the police authority. Without discussing further on merits, present application deserves consideration.; (2) Applicant is behind the bars since 16.04.2026; (3) The applicant has no past antecedents; (4) Investigation is over and charge-sheet is filed; (5) There is nothing to be recovered or discovered from R/CR.MA/20500/2026(GJHC240667512026) ORDER DATED: 24/09/2026 the applicant; (6) Obviously commencement and conclusion of trial will take some time. 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 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.11210046260327 of 2026 registered with Puna Police Station, Surat 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; (a) shall not take undue advantage of liberty or misuse liberty; (b) shall 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; R/CR.MA/20500/2026(GJHC240667512026) ORDER DATED: 24/09/2026 (c) shall surrender passport, if any, to the Trial Court within a week; (d) shall not leave the territory of the State of Gujarat without prior permission of the Trial Court concerned; (e) shall mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) shall furnish the 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; (g) shall not to enter the area under the jurisdiction of Puna Police Station, Surat, for a period of six months except for marking presence before the concerned police station and/or for attending Court; (h) shall not directly or indirectly contact the victim and/or complainant and witnesses connected with the offence; (i) shall not indulge in any illegal activity, failing which the learned trial Court shall issue warrant and cancel the bail of 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. Page 4 of 5 R/CR.MA/20500/2026(GJHC240667512026) ORDER DATED: 24/09/2026 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 24/09/2026 17:17:31