Gujarat High Court
Pathan Ayazkhan @ Bhuro Ashrafkhan vs State Of Gujarat on 25 May, 2026
NEUTRAL CITATION
R/CR.A/951/2026 ORDER DATED: 25/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - BEFORE CHARGESHEET) NO.
951 of 2026
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PATHAN AYAZKHAN @ BHURO ASHRAFKHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS SHACHI G MATHUR(3069) for the Appellant(s) No. 1
MR YASH K DAVE(10269) for the Opponent(s)/Respondent(s) No. 2
MR.RONAK RAVAL, APP for the Opponent(s)/Respondent(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/05/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
respondent – State of Gujarat.
2. By way of the present application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
“BNSS”), the applicant has prayed for regular bail in the
event of arrest in connection with the FIR being C.R. No.
11993003260152/ 2026 registered with Anjar Police
Station, District: Kutchh (East) for the alleged offences
as mentioned in the FIR.
3. It is submitted by learned advocate Ms.Shachi Mathur
that the FIR is filed after an inordinate delay of
approximately 7 months. It is submitted that the FIR is
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NEUTRAL CITATION
R/CR.A/951/2026 ORDER DATED: 25/05/2026
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filed with oblique and ulterior motive with a view to
pressurize the applicant, which contains only general
and vague allegations. In that background, learned
advocate Ms.Mathur prays that applicant be enlarged on
regular bail.
4. Learned advocate Mr.Yash Dave, appearing for the
complainant has vehemently opposed this application.
Learned advocate submits that qua other accused
charge sheet is already filed, therefore, the present
application may not be entertained.
5. Learned APP has supported the submission of the
learned advocate Mr.Dave.
6. Having heard the learned advocates appearing for the
parties and perusing the investigation papers, it is
equally incumbent upon the Court to exercise its
discretion judiciously, cautiously and strictly in
compliance with the basic principles laid down in a
plethora of decisions of the Hon’ble Apex Court on the
point. It is well settled that, among other circumstances,
the factors to be borne in mind while considering an
application for bail are (i) the nature and gravity of the
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NEUTRAL CITATION
R/CR.A/951/2026 ORDER DATED: 25/05/2026
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accusation; (ii) the antecedents of the applicant
including the fact as to whether he has previously
undergone imprisonment on conviction by a Court in
respect of any cognizable offence; (iii) the possibility of
the applicant to flee from justice; and (iv) where the
accusation has been made with the object of injuring or
humiliating the applicant by having him so arrested.
Though at the stage of granting bail an elaborate
examination of evidence and detailed reasons touching
the merit of the case, which may prejudice the accused,
should be avoided.
7. This Court has considered the following aspects.
(A) That the complainant is aged 32 years and
prima facie allegation suggests consensual
relations;
(B) That the FIR is filed after a delay of 4 months;
(C) That the applicant is in custody since
11.04.2026.
(D) That the quashing petition filed by the along
with other accused where notice is issued and
order of no coercive steps is passed;
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NEUTRAL CITATION
R/CR.A/951/2026 ORDER DATED: 25/05/2026
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(E) That the applicant does not have any
antecedents;
8. Considering the aforesaid aspects and the law laid down
by the Hon’ble Apex Court in the case of Siddharam
Satlingappa Mhetre vs. State of Maharashtra and
Ors. reported in (2011) 1 SCC 6941, wherein the
Hon’ble Apex Court reiterated the law laid down by the
Constitution Bench in the case of Shri Gurubaksh
Singh Sibbia & Ors. reported in (1980) 2 SCC 665
and also the decision in the case of Sushila Aggarwal v.
State (NCT of Delhi) reported in (2020) 5 SCC 1, I
am inclined to allow the present application.
9. In the result, the present application is allowed by
directing that in the event of arrest / appearance of the
applicant in connection with FIR being C.R. No.
11993003260152/ 2026 registered with Anjar Police
Station, District: Kutchh (East) the applicant shall be
released on bail on furnishing a personal bond of
Rs.10,000/- (Rupees Ten Thousand Only) with one surety
of like amount on the following conditions that applicant:
(a) shall cooperate with the investigation and make
himself available for interrogation whenever required;
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NEUTRAL CITATION
R/CR.A/951/2026 ORDER DATED: 25/05/2026
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(b) shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the fact of the case so as to dissuade him from
disclosing such facts to the court or to any police officer;
(c) shall not obstruct or hamper the police
investigation and not to play mischief with the evidence
collected or yet to be collected by the police;
(d) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change her/his residence till the
final disposal of the case till further orders;
(e) shall not leave India without the permission of the
Court and if having passport shall deposit the same
before the Trial Court within a week;
10. At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while
enlarging the applicant on bail.
11. The learned trial court shall disburse the amount
deposited by the applicant, after due verification
12. Rule is made absolute to the aforesaid extent.
13. Direct service is permitted.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
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