Created byFuzzy Cloud

High Court of Gujarat

CHUNARA BHARATBHAI PUNJABHAIversusSTATE OF GUJARAT

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

Holding

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

Summary

The applicant, Chunara Bharatbhai Punjabbhai, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No.11191016260038 alleging offences under Sections 316(2), 318(4), 61 and 54 of the Bharatiya Nyay Sanhita, 2023. The applicant argued that a co‑accused, Chunara Niruben Bababhai, had already been considered by the Court and invoked the principle of parity. The State opposed bail, citing the seriousness of the offences. The Court, after considering the parity argument and the applicant’s willingness to comply with conditions, granted anticipatory bail, directing the applicant to execute a personal bond of Rs.10,000 with one surety and to adhere to several investigative and travel restrictions. The order also permitted the investigating officer to seek remand if deemed necessary, while directing the trial court not to be influenced by the present observations.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 for the offences alleged in the FIR.
  • Whether the principle of parity, given the prior consideration of a co‑accused, warrants granting bail to the applicant.
  • Whether the conditions imposed are sufficient to safeguard the investigation and prevent interference with evidence.

Legislation cited

Subjects

anticipatory bailSection 482principle of paritybail conditionscriminal procedureBNSS 2023BNS 2023Gujarat High Court

Judgment

     R/CR.MA/12351/2026                        ORDER DATED: 02/06/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY
                BAIL) NO. 12351 of 2026
=========================================
            CHUNARA BHARATBHAI PUNJABHAI
                            Versus
                    STATE OF GUJARAT
=========================================
Appearance:
MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) 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 for and
on behalf of the respondent – State.

2.      Heard learned advocate for the applicant and learned
APP for the respondent – State.

3.      By way of the present application under Section 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.11191016260038 of 2026
registered with Paldi Police Station, Ahmedabad City for the
offences punishable under Sections 316(2), 318(4), 61, 54 of the
Bharatiya Nyay Sanhita, 2023.



4.      Learned advocate for the applicant submits that the co-
accused Chunara Niruben Bababhai has already been considered
by this Court and having regard to the present applicant herein,
the principle of parity, and prayer may be considered.


                               Page 1 of 3
     R/CR.MA/12351/2026                                 ORDER DATED: 02/06/2026




5.      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.



6.      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.



7.      Having regard to the role attributed to the present applicant
herein and role attributed to the co-accused Chunara Niruben
Bababhai, applying the principle or parity, I am inclined to grant
anticipatory bail to the applicant.



8.      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. 11191016260038 of 2026
registered with Paldi Police Station, Ahmedabad City on
executing       a   personal   bond of    Rs.10,000/-     (Rupees       Ten
Thousand Only) each 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 not directly or indirectly make any inducement, threat



                                  Page 2 of 3
       R/CR.MA/12351/2026                                                                       ORDER DATED: 02/06/2026




          or promise to any person acquainted with the fact of the case
          so as to dissuade his 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;

          (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;

9.          At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this Court
in the present order.

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



                                                                                                 (ILESH J. VORA,J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/06/2026 13:32:00




                                                             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

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.