High Court of Gujarat
HARCHANDBHAI DANAJI MALIversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
The Court allowed the anticipatory bail application, granting bail on the condition of a personal bond and compliance with specified terms.
Summary
The applicant, Harchandbhai Danaji Mali, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No.11996001260158 alleging offences under Sections 87, 64(1), 64(2)(M), 351(3) and 54 of the Bharatiya Nyay Sanhita, 2023. He argued that custodial interrogation was unnecessary, pledged cooperation with the investigation, and offered to abide by any conditions imposed. The State opposed the bail on the ground of the seriousness of the alleged offences. The Court examined the applicant's limited role, noting that the victim was taken to a field owned by him but that he was not directly implicated, and that the main accused was another individual. Relying on precedents such as Siddharam Satlingappa Mhetre v. State of Maharashtra and Gurubaksh Singh Sibbia v. State of Punjab, the Court held that anticipatory bail was appropriate. Consequently, the Court granted anticipatory bail subject to a personal bond of Rs.10,000 and several conditions, including cooperation with police and restriction on travel.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS, 2023 given the nature and gravity of the offences alleged under the Bharatiya Nyay Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyay Sanhita, 2023 — s. 351(3), 54, 64(1), 64(2)(M), 87
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyay Sanhita
- criminal procedure
- bail conditions
- investigation cooperation
Judgment
R/CR.MA/11776/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11776
of 2026
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HARCHANDBHAI DANAJI MALI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 19/05/2026
ORAL ORDER
Rule. Learned APP waives service of notice of rule for
the respondent State.
1. By way of the present application under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
‘BNSS’), the applicant - accused has prayed for
anticipatory bail in connection with the FIR bearing
No.11996001260158 of 2026 registered with Agthala
Police Station, District: Vav-Tharad for the offences
punishable under Sections 87, 64(1), 64(2)(M), 351(3)
and 54 etc. of the Bharatiya Nyay Sanhita, 2023.
2. Learned advocate for the applicant submits that the
nature of allegations are such for which custodial
interrogation at this stage is not necessary. He further
submits that the applicant will keep himself available
during the course of investigation, trial also and will not
flee from justice.
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R/CR.MA/11776/2026 ORDER DATED: 19/05/2026
3. Learned advocate for the applicant on instructions states
that the applicant is ready and willing to abide by all the
conditions including imposition of conditions with regard
to powers of Investigating Agency to file an application
before the competent Court for his remand. He further
submit that upon filing of such application by the
Investigating Agency, the right of applicant accused to
oppose such application on merits may be kept open.
Learned advocate, therefore, submitted that considering
the above facts, the applicant may be granted
anticipatory bail.
4. 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.
5. Having heard the learned advocates for the parties and
perusing the material placed on record and taking into
consideration the facts of the case, nature of allegations,
gravity of offences, role attributed to the accused,
without discussing the evidence in detail, at this stage, I
am inclined to grant anticipatory bail to the applicant.
6. This Court has considered following aspects,
(i) except for the fact that the agricultural field at
which the victim was taken by the main accused
belong to the present applicant and that he has
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R/CR.MA/11776/2026 ORDER DATED: 19/05/2026
abated the present accused No.1 and there is
nothing against the present applicant;
(ii) the accused No.1 that is main accused Keshavbhai
Bhalabhai Mali is considered for Anticipatory Bail
by this Court today itself vide an order dated
19.05.2026 passed in Criminal Misc. Application
No. 11777 of 2026;
(iii) the applicant, through his learned advocate, has
shown willingness to cooperate with the
investigation as and when required;
(iv) the applicant is not the one who is alleged to be in
any forced relationship with the victim girl
7. In the facts and circumstances of the present case, since
the custodial interrogation of the applicant is not
required, I am inclined to consider the case of the
applicant.
8. This Court has also taken into consideration the law laid
down by the Hon’ble Apex Court in the case of
Siddharam Satlingappa Mhetre Vs. State of
Maharashtra and Ors., reported at [2011] 1 SCC
694, wherein the Hon’ble Apex Court reiterated the law
laid down by the Constitution Bench in the case of Shri
Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab,
reported at (1980) 2 SCC 565.
9. 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 FIR No.11996001260158
of 2026 registered with Agthala Police Station,
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R/CR.MA/11776/2026 ORDER DATED: 19/05/2026
District: Vav-Tharad on executing a personal bond of
Rs.10,000/- (Rupees Ten Thousand Only) with one surety
each of like amount on the following conditions:
(a) shall cooperate with the investigation and make
himself available for interrogation whenever
required;
(b) shall remain present at concerned Police Station on
25.05.2026 between 11.00 a.m. and 3.00 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 residence till the
final disposal of the case till further orders;
(f) shall not leave India without the permission of the
concerned trial court and if having passport shall
deposit the same before the concerned 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;
10. At the trial, the concerned trial court shall not be
influenced by the prima facie observations made by this
Court in the present order.
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R/CR.MA/11776/2026 ORDER DATED: 19/05/2026
11. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIRZAR S. DESAI,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 19/05/2026 12:54:33
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