RAVI @MORARI KESABHAI MATANGversusSTATE OF GUJARAT

     R/CR.MA/12114/2026                        ORDER DATED: 05/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 12114
                           of 2026

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            RAVI @MORARI KESHABHAI MATANG & ORS.
                               Versus
                       STATE OF GUJARAT
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Appearance:
MR YASH V GUPTA(11814) for the Applicant(s) No. 1,2,3,4,5
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1,2,3,4,5
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 05/06/2026
                           ORAL ORDER


1.      By way of the present application under Section 482 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter,

referred to as “BNSS”), the applicants-accused have prayed for

enlarging the applicants on anticipatory bail in connection with

the FIR being C.R.No. 11993006260496 of 2026, registered with

A – Division Police Station, Gandhidham for the offences

punishable under Sections 310(2), 332(b), 324(4), 352, and

351(3) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter, referred

to as “BNS”) and Section 135 of the Gujarat Police Act, 1951.

2.      Rule. Ms. Asmita Patel, learned APP waives service of rule

for and on behalf of the respondent – State.


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     R/CR.MA/12114/2026                        ORDER DATED: 05/06/2026




3.      Heard Mr. Vishal Anandjiwala, learned advocate appearing

for the applicants, Ms. Asmita Patel, learned APP appearing for

the respondent – State.

4.      When the matter was taken up for hearing, learned advocate

appearing for the applicants submitted that the applicants are

apprehending arrest in connection with the aforesaid FIR. It is

submitted that an earlier application filed by the applicants before

the learned Sessions Court, Gandhidham, came to be rejected

vide order dated 16.05.2026. It is further submitted that the

complainant and the applicants herein, being family members,

have arrived at an amicable settlement inter se. An affidavit of the

complainant dated 04.06.2026 is placed on record and the same is

taken on record. The complainant, Mr. Satishbhai Malshibhai

Maheshwari, is present before this Court and reiterates the

contents stated in the said affidavit. It is also submitted by Mr.

Vishal Anandjiwala, learned advocate appearing for the applicants

that accused No. 1 has been enlarged on bail. It is further

submitted that, considering the facts stated in the application, the

applicants may be granted anticipatory bail in the interest of

justice.



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     R/CR.MA/12114/2026                              ORDER DATED: 05/06/2026




5.      Ms. Asmita Patel, learned APP appearing for the respondent

– State has opposed the grant of anticipatory bail looking to the

nature and gravity of the offence. Learned APP has, therefore,

prayed that the present application be dismissed.

6.      Having heard the learned advocates appearing for the

respective parties and upon perusal of the record and considering

the role attributed to the applicants herein, this is a fit case to

exercise discretion by enlarging the applicants on anticipatory bail.

7.      This Court has considered the following aspects:

        (a) as per catena of decisions of Hon’ble Supreme Court,

        there are mainly two factors which are required to be

        considered by this Court:

                (i) prima facie case

                (ii) requirement of accused for custodial interrogation.

        (b) The complainant and the applicants herein, being family

        members, have arrived at an amicable settlement inter se; An

        affidavit of the complainant dated 04.06.2026 is filed.

        (c) The complainant, Mr. Satishbhai Malshibhai Maheshwari,

        is present before this Court and reiterates the contents stated

        in the said affidavit.


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     R/CR.MA/12114/2026                           ORDER DATED: 05/06/2026




        (d) Accused No. 1 has already been enlarged on bail.

        Therefore, in the facts and circumstances of the present case,

this Court is 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 in 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 in 1980 (2) SCC 565. Further, this Court has also taken

into consideration the ratio laid down in the case of “Sushila

Aggarwal and Ors. v. State (NCT of Delhi) and Anr.” in Special

Leave Petition No. 7281-7282/2017 dated 29.01.2020.

9.      In this regard, the present application is allowed. The

applicant is ordered to be released on anticipatory bail in the event

to arrest in connection with FIR being C.R.No. 11993006260496 of

2026, registered with A – Division Police Station, Gandhidham

on executing a personal bond of Rs.10,000/- (Rupees Ten

Thousand Only) with one surety of like amount on the following

conditions:

        (a) shall cooperate with the investigation and make available


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      R/CR.MA/12114/2026                           ORDER DATED: 05/06/2026




         for interrogation whenever required;

         (b) shall remain present at concerned Police Station on

         10.06.2026 between 11.00 a.m. to 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 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;

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/12114/2026                                                        ORDER DATED: 05/06/2026




11.       Rule is made absolute to the aforesaid extent. Direct

service, is permitted.




                                                                       (VAIBHAVI D. NANAVATI,J)
MUSKAN


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MUSKAN AJAY MENON(HC02359), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 05/06/2026 13:14:45




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