Gujarat High Court
Shoyel Bhikan Shekh vs State Of Gujarat on 28 November, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/22260/2025 ORDER DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 22260 of 2025
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SHOYEL BHIKAN SHEKH
Versus
STATE OF GUJARAT
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Appearance:
MR A N PATHAN(11756) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/11/2025
ORAL ORDER
1. Heard learned Advocate Mr. A. N. Pathan on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya on behalf of the respondent-State .
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The present applicant who has been arraigned as accused has preferred 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. 11210005241161 of 2024 registered with Athwalines Police Station, District Surat for the offence punishable under Section 338, 336(2), 336(3), 340, 318(4), 319(2), 238, 61(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 after filing of the charge-sheet more particularly the application preferred by the applicant having been rejected Page 1 of 4 Uploaded by NIRU AMIN(HC00211) on Sat Nov 29 2025 Downloaded on : Mon Dec 01 21:30:13 IST 2025 NEUTRAL CITATION R/CR.MA/22260/2025 ORDER DATED: 28/11/2025 undefined by the learned Trial Court.
4. Learned Advocate for the applicant submits that the applicant is behind bar since 09.02.2025. Learned Advocate on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. The present application has been vehemently opposed by learned APP on behalf of respondent- State submitting that looking to the nature and gravity of offence this Court may not consider for releasing the applicant on regular bail.
6. This Court has heard learned Advocates for the respective parties and perused the FIR as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.
7. 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.
8. This Court has also considered the following aspects:
(i) The fact of the applicant not being part of the principal conspiracy and the allegation being that the applicant had given his bank account and in lieu of certain commission more particularly the allegation being that applicant having received Rs. 15000/- each for two bank accounts, Page 2 of 4 Uploaded by NIRU AMIN(HC00211) on Sat Nov 29 2025 Downloaded on : Mon Dec 01 21:30:13 IST 2025 NEUTRAL CITATION R/CR.MA/22260/2025 ORDER DATED: 28/11/2025 undefined
(ii) The fact of co-accused having similar role having been considered by learned Co-ordinate Bench of this Court.
(iii) The fact of the applicant being in custody since 09.02.2025 and charge-sheet having been laid by the Investigating Officer.
9. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants 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 applicants on regular bail.
10. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11210005241161 of 2024 registered with Athwalines Police Station, District Surat on executing a 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 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; [d] not to leave the State of Gujarat without prior permission of the Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a month for a period of six months between 11:00 a.m. to 2:00 p.m. [f] furnish the present address of residence to the I.O. and also to the Page 3 of 4 Uploaded by NIRU AMIN(HC00211) on Sat Nov 29 2025 Downloaded on : Mon Dec 01 21:30:13 IST 2025 NEUTRAL CITATION R/CR.MA/22260/2025 ORDER DATED: 28/11/2025 undefined Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O.
11. 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 take appropriate action in the matter.
12. 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.
13. At the stage of trial, the trial 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 considering the application of the applicants for being released on regular bail.
14. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 4 of 4 Uploaded by NIRU AMIN(HC00211) on Sat Nov 29 2025 Downloaded on : Mon Dec 01 21:30:13 IST 2025