Pathan Ayazkhan @ Bhuro Ashrafkhan vs State Of Gujarat on 25 May, 2026

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    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
    
                          ==========================================================
                                           PATHAN AYAZKHAN @ BHURO ASHRAFKHAN
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                          ==========================================================
                          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
                          ==========================================================
    
                            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.

    SPONSORED

    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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    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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    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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    (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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    (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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