High Court of Gujarat
VASHRAMBHAI RAMJIBHAI CHAUDHARYversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The High Court granted anticipatory bail to the applicant, finding no reason to decline pre‑arrest bail.
Summary
Vashrambhai Ramjibhai Chaudhary applied for anticipatory bail under Section 482 of the BNSS in connection with FIR No. 11996006260457 alleging offences under Sections 140(3), 64(2)(m), 123, 351(3) and 54 of the BNS. The applicant claimed false implication, no prior record and that custodial interrogation was unnecessary, while the State and the original complainant argued that the allegations were serious and interrogation was required. The Court observed that the applicant had abetted the principal accused but noted the victim, a 20‑year‑old, was in a marital relationship with the applicant, and the facts did not warrant denial of bail. Exercising its discretion, the Court granted anticipatory bail subject to a personal bond of Rs.10,000 and several conditions, including cooperation with investigation and restriction on travel. The order was made absolute and direct service of the rule was permitted.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 482 of the BNSS in view of the seriousness of the alleged offences
- Whether custodial interrogation is essential for the investigation
- Whether the applicant’s alleged role as an abettor justifies denial of bail
Legislation cited
Subjects
anticipatory bailSection 482bail conditionscriminal procedureGujarat High Courtfalse implicationabettor
Judgment
R/CR.MA/11536/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11536
of 2026
==========================================================
VASHRAMBHAI RAMJIBHAI CHAUDHARY
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
SURESH M CHAUDHARY(9938) for the Applicant(s) No. 1
MR TUSHAR CHAUDHARY for original complainant
MR NIRAJ SHARMA APP for the Respondent No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of
respondent-State.
2. By way of the present application under Section 482 of the BNSS,
the applicant-accused has prayed for anticipatory bail in connection with
the FIR being C.R. No. 11996006260457 of 2026 registered with
Tharad Police Station, District: Vav-Tharad for the offences under
Sections 140(3), 64(2)(m), 123, 351(3), 54 of BNS.
3. Learned advocate for the applicant submits that the applicant has
been falsely implicated in the alleged offence. He has no past antecedents
of like nature and custodial interrogation of the applicant is not essential
for the purpose of investigation.
Page 1 of 3
R/CR.MA/11536/2026 ORDER DATED: 02/06/2026
4. Learned Additional Public Prosecutor appearing on behalf of the
respondent – State and Mr. Tushar Chaudhary, learned advocate
appearing for and on behalf of original complaint have opposed grant of
anticipatory bail stating inter alia that the allegations against the applicant
are grave and serious in nature and custodial interrogation is necessary
for further investigation of the case.
5. Having heard the learned advocates for the respective parties and
perusing the material placed on record and taking into consideration the
facts of the case, it appears that, the applicant accused had abetted the
principal accused in commission of crime. However, fact remains that the
victim aged about 20 yrs was in relation with the accused no. 1 and due to
their relations, they performed the marriage at Ahmedabad on 07.03.2026
and thereafter, they remained together. In such circumstances, without
much discussion on merits of the case, the case is made out for exercising
judicial discretion in favour of the applicant herein.
6. Considering the facts and circumstances of the case and the role
attributed to the present applicant in the alleged offence, I find no reason
to decline pre-arrest bail to the applicant. In the result, the present
application is allowed. The applicant is ordered to be released on bail in
the event of his arrest in connection with a FIR being C.R. No.
11996006260457 of 2026 registered with Tharad Police Station,
District: Vav-Tharad on his executing a personal bond of Rs.10,000/-
(Rupees Ten Thousand Only) with one surety of like amount on the
following conditions:
Page 2 of 3
R/CR.MA/11536/2026 ORDER DATED: 02/06/2026
(a) shall cooperate with the investigation and make himself
available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
11.06.2026 between 11.00 a.m. and 2.00 p.m.;
(c) 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;
(d) 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;
(e) shall at the time of execution of bond, furnish the address to
the investigating officer and the court concerned and shall
not change his residence till the final disposal of the case till
further orders;
(f) shall not leave India without the permission of the Trial
Court and if having passport shall deposit the same before
the Trial Court within a week; and
(g) it would be open to the Investigating Officer to file an
application for remand if he considers it proper and just and
the learned Magistrate would decide it on merits;
7. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(ILESH J. VORA,J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 02/06/2026 13:02:06
Page 3 of 3
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "anticipatory bail"Sign in to search