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2026 Supreme(Online)(Guj) 2563

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE M. R. MENGDEY
SIDDIK MOHAMMEDSAEED KATHDIV/sSTATE OF GUJARAT
R/CR.MA/3642/2026



IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 3642 of 2026 ==========================================================

SIDDIK MOHAMMEDSAEED KATHDI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1 MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/02/2026

ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R.No. 11207002250050 of 2025 registered with Godhra Police Station, District Panchmahal, for the offences punishable under Sections

406, 465, 467, 468, 471 and 427 of the IPC.

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP has opposed the present application, contending that the present applicant had forged the documents before the concerned Court for getting the other co-accused released on bail. He, therefore, submit to dismiss the present application. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Heard learned advocate for the respective parties.

Investigation is over and charge-sheet is filed. The applicant had earlier preferred a bail application, being Criminal Misc. Application No. 14072 of 2025, which was allowed to be withdrawn by this Court vide order dated 17.07.2025. However, the applicant was granted liberty to file a fresh application after a period of six months, and thus, the present application is preferred. The applicant has been arrested in connection with the present offence in March, 2025. It is alleged against the petitioner that he had preferred forged documents like solvency certificate by using, for the first time, office of the Mamlatdar concerned and had produced those forged documents before the concerned Court. Having regards, to this, application deserves consideration.

6. This court has also considered the following aspects: (a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 19.03.2025. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

(a) 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 from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) shall maintain law and order and not to indulge in any criminal activities.

(c) shall furnish the documentary proof of complete, correct

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