RUSHABH DHARAMSHI GADAversusSTATE OF GUJARAT

     R/CR.MA/10009/2026                                   ORDER DATED: 29/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 10009
                           of 2026

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                          RUSHABH DHARAMSHI GADA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 29/04/2026

                                 ORAL ORDER


1.      Rule.        Learned Additional Public Prosecutor waives
service of notice of rule for respondent – State of Gujarat.


2.      By way of this application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”),
the applicant has prayed for anticipatory bail in the event of
arrest      in     connection     with      the     FIR    being      C.R.      No.
I-11191011260065/2026, registered with DCB Police Station,
District: Ahmedabad for the offences alleged therein.


3.      Learned advocate for the applicant submits that the
nature of allegations are such that custodial interrogation at
this stage is not necessary. It is further submitted that the
applicant will keep himself available during the course of
investigation and trial also and will not flee from justice.




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      R/CR.MA/10009/2026                             ORDER DATED: 29/04/2026




3.1      The learned advocate for the applicant further states that
the applicant shall abide by all the conditions that may be
imposed while granting anticipatory bail to the applicant.
Accordingly, it is urged that this application may be allowed
and to grant the anticipatory bail to the applicant.


4.       As against this, the learned Additional Public Prosecutor
appearing on behalf of the respondent – State has opposed
grant of anticipatory bail looking to the nature and gravity of
the offence and requested not to entertain this application.


5.       Having heard the learned advocates appearing for the
parties and perusing the papers available on record, it is
incumbent           upon   the   Court     to   exercise   its    discretion
judiciously, cautiously and strictly in compliance with the
basic principles laid down in plethora of decisions of the 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 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 merits of the case, which may prejudice the case


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     R/CR.MA/10009/2026                              ORDER DATED: 29/04/2026




of accused, should be avoided.               However, following aspects
have been taken into consideration:

a)    Except for the alleged contact between Rushabh Gada and
the original accused Rehan, there is no material on record to
implicate the present applicant. The only allegation arises from
the post-statement of co-accused Rehan, claiming that the
applicant assisted in opening certain bank accounts, and no
independent statements or evidence have surfaced. The
applicant’s name thus appears solely on the basis of the co-
accused’s statement. In view of the judgment of the Hon’ble
Supreme Court in P. Krishna Mohan Reddy v. State of
Andhra Pradesh (2025 Supreme (SC) 865), such a
confessional statement of a co-accused can be considered only at
the stage of trial under Section 30 of the Evidence Act.

b)      the applicant has no past antecedents;

c)    the learned advocate for the applicant has assured that the
applicant will not flee from justice and would be available during
investigation as well as the trial.


6.      Considering the aforesaid aspects and the law laid down
by the Hon’ble Apex Court in the case of Siddharam
Satlingappa Mhetre v. State of Maharashtra and Others,
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 & Others,
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, the Court is inclined to allow the present
application.


7.      In the result, this application is allowed by directing that
in the event of arrest/ appearance of the applicant in

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      R/CR.MA/10009/2026                          ORDER DATED: 29/04/2026




connection with the above-referred FIR, the applicant shall be
released on bail on furnishing a personal bond of Rs.10,000/-
(Rupees Ten Thousand) with one surety of like amount on
the following conditions that applicant:

         (a)   shall cooperate with the investigation and make
         available for interrogation whenever required;

         (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 remain present at the concerned Police Station
         on 11.05.2026 between 11.00 a.m. and 2.00 p.m. and the
         Investigating Officer shall ensure that no unnecessary
         harassment or inconvenience is caused to the applicant;

         (e)   shall at the time of execution of bond, furnish the
         address to the investigating officer and the court concerned
         and shall not change residence till the final disposal of the
         case till further orders;

         (f)   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;

         (g)   It is open to the police or the investigating agency to
         move the learned trial Court for a direction under Section
         483(2) of the BNSS to arrest the accused, in the event of
         violation of any term, such as absconding, non-cooperating
         during investigation, evasion, intimidation or inducement
         to witnesses with a view to influence outcome of the
         investigation or trial, etc.

7.1      At the trial, the Trial Court shall not be influenced by the


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            R/CR.MA/10009/2026                                                      ORDER DATED: 29/04/2026




      prima facie observations made by this Court while considering
      the bail application.


      8.        It is made clear that this order of anticipatory bail does
      not in any manner limit or restrict the rights or duties of the
      police or investigative agency to investigate into the charges
      against the applicant who is granted pre-arrest bail.


      9.        Rule is made absolute to the aforesaid extent.                                            Direct
      service is permitted.

                                                                                             (P. M. RAVAL, J)
      MOHD SAIF ULLAH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/04/2026 14:02:43


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