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High Court of Gujarat

KESHAVBHAI BHALABHAI MALIversusSTATE OF GUJARAT

Decided
Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court allowed the anticipatory bail application, granting bail subject to conditions.

Summary

The accused, Keshavbhai Bhalabhai 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. The applicant argued that custodial interrogation was unnecessary, he would cooperate with the investigation, and he had no prior criminal record. The State opposed bail citing the seriousness of the alleged offences. The Court, after considering the nature of the allegations, the relationship between the accused and the victim, the applicant's willingness to cooperate, and the lack of past antecedents, held that custodial interrogation was not required and granted anticipatory bail with a personal bond and several conditions. The order also referenced Supreme Court precedents on anticipatory bail and directed that the trial court not be influenced by the observations made herein.

Issues considered

  • The appropriateness of granting anticipatory bail under Section 482, BNSS, 2023 in view of the nature and gravity of the alleged offences.
  • Whether custodial interrogation of the accused is necessary at this stage.
  • Whether the applicant poses a risk of fleeing or tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • Bharatiya Nyay Sanhita
  • custodial interrogation
  • bail conditions
  • social media relationship

Judgment

     R/CR.MA/11777/2026                                       ORDER DATED: 19/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11777
                           of 2026
==========================================================
                           KESHAVBHAI BHALABHAI 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.


                                      Page 1 of 5
     R/CR.MA/11777/2026                               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)     the applicant and the victim girl were friends on
                social media and all through out they travelled
                either on bike or through public transport;


                                    Page 2 of 5
     R/CR.MA/11777/2026                                 ORDER DATED: 19/05/2026




        (ii)    the victim girl has stayed with the present
                applicant at different places for a period of around
                40 days;

        (iii)   there was a Maitri Karar executed between the
                present applicant and the victim, however, the
                same is a matter of evidence but fact remains that
                this would indicate that they were known to each
                other and considering the fact that the present
                victim is aged about 27 years and a married lady,
                she had ample opportunity to seek for help during
                her travel with the present applicant and when
                both of them approached the hotel reception
                counter, as well as while she was travelling on bike
                as a pillion rider along with the applicant;

        (iv)    the applicant has shown willingness to cooperate
                with the investigation;

        (v)     there is no past antecendents as far as the
                applicant is concerned.


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.


                                 Page 3 of 5
     R/CR.MA/11777/2026                          ORDER DATED: 19/05/2026




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,
        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


                                 Page 4 of 5
      R/CR.MA/11777/2026                                                   ORDER DATED: 19/05/2026




                   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.


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 12:55:00




                                                Page 5 of 5


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