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 ========================================================== SARFARAZ S/O MOHMMAD AASAM NAGANI Versus STATE OF GUJARAT ========================================================== Appearance: PRASHANT V CHAVDA(8510) for the Applicant(s) No. 1 MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== 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. Page 1 of 6 R/CR.MA/8414/2026 ORDER DATED: 21/04/2026 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; R/CR.MA/8414/2026 ORDER DATED: 21/04/2026 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 R/CR.MA/8414/2026 ORDER DATED: 21/04/2026 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 R/CR.MA/8414/2026 ORDER DATED: 21/04/2026 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 R/CR.MA/8414/2026 ORDER DATED: 21/04/2026 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