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High Court of Gujarat

KIRANBHAI PARSOTTAMBHAI ROHITversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

Anticipatory bail is granted to the applicant under Section 482 of the BNSS with specified conditions.

Summary

The applicant Kiranbhai Parsottambhai Rohit sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with an FIR alleging offences under Sections 316(2), 318(4), 54 and 61(2) of the Bhartiya Nyaya Sanhita, 2023. The State opposed bail, citing the seriousness of the charges. The Court examined the standard bail factors—nature and gravity of the accusation, the applicant’s clean antecedent, and the risk of flight—and noted the applicant’s role merely as a match‑maker in a marriage, his lack of prior convictions, and his assurance to cooperate. Relying on precedents such as Siddharam Satlingappa Mhetre v. State of Maharashtra, Gurubaksh Singh Sibbia & Others, and Sushila Aggarwal v. State (NCT of Delhi), the Court granted anticipatory bail with a personal bond of Rs.10,000 and several conditions. The order also clarified that the bail does not impede police investigation and that any violation may lead to arrest under Section 483(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 of the BNSS given the nature and gravity of the alleged offences.
  • Whether the applicant poses a flight risk or threat to the investigation.
  • Whether conditions can be imposed on anticipatory bail to safeguard the investigation.

Legislation cited

Subjects

anticipatory bailSection 482BNSSBhartiya Nyaya Sanhitacriminal procedureGujaratflight riskbail conditions

Judgment

     R/CR.MA/14693/2026                                           ORDER DATED: 02/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 14693
                           of 2026
================================================================
                          KIRANBHAI PARSOTTAMBHAI ROHIT
                                       Versus
                                STATE OF GUJARAT
================================================================
Appearance:
MR YASH K DAVE(10269) for the Applicant(s) No. 1
YASHKUMAR J TRIVEDI(9624) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 02/07/2026
                                   ORAL ORDER

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

Bharatiya         Nagarik        Suraksha         Sanhita,           2023    ( for   short,
“BNSS”), the applicant has prayed for anticipatory bail in the
event of arrest in connection with the FIR being C.R. No.

11215025260146              of   2026,     registered           with    Sojitra      Police

Station, District: Anand for the offences punishable under

Sections      316(2),       318(4),   54     and       61(2)    of     Bhartiya      Nyaya
Sanhita, 2023.



2.      Rule.      Learned       Additional            Public     Prosecutor         waives

service of notice of rule for respondent – State of Gujarat.



3.      Learned advocate for the applicant submits that the

nature of allegations are such that custodial interrogation at

this stage is not necessary. It is further submitted that the

applicant will keep himself available during the course of

investigation and trial also and will not flee from justice.


                                         Page 1 of 5
      R/CR.MA/14693/2026                                           ORDER DATED: 02/07/2026




3.1      The learned advocate for the applicant further states

that the applicant shall abide by all the conditions that may

be imposed while granting anticipatory bail to the applicant.

Accordingly, it is urged that this application may be allowed

and to grant the anticipatory bail to the applicant.



4.       As against this, the 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 and requested not to entertain this application.



5.       Having heard the learned advocates appearing for the

parties and perusing the papers available on record, it is

incumbent           upon         the   Court         to    exercise        its   discretion

judiciously, cautiously and strictly in compliance with the
basic principles laid down in plethora of decisions of the

Apex Court on the point. It is well settled that, among other

circumstances,             the    factors      to     be   borne      in     mind      while

considering an application for bail are (i) the nature and

gravity of the accusation; (ii) the antecedents of the applicant

including the fact as to whether he has previously undergone

imprisonment on conviction by a Court in respect of any

cognizable offence; (iii) the possibility of the applicant to flee

from justice; and (iv) where the accusation has been made

with the object of injuring or humiliating the applicant by



                                            Page 2 of 5
     R/CR.MA/14693/2026                                              ORDER DATED: 02/07/2026




having him so arrested. Though at the stage of granting bail

an elaborate examination of evidence and detailed reasons

touching the merits of the case, which may prejudice the

case of accused, should be avoided.                            However, prima facie,

following aspects have been taken into consideration:



      a)        Considering the facts of the present case the role

      of    the      applicant        is     attributed         of      introducing            the

      complainant          to   one    Alfa       Vasava,       and       thereafter,          the

      complainant and Alfa Vasava have got married;

      b)        the applicant has no past antecedents;

      c)        the learned advocate for the applicant has assured

      that the applicant will not flee from justice and would be

      available during investigation as well as the trial.


6.      Considering the aforesaid aspects and the law laid down

by    the     Hon’ble       Apex      Court        in    the    case       of    Siddharam
Satlingappa Mhetre v. State of Maharashtra and Others,
reported in (2011) 1 SCC 6941, wherein the Hon’ble Apex
Court reiterated the law laid down by the Constitution Bench

in   the     case     of   Shri Gurubaksh Singh Sibbia & Others,
reported in (1980) 2 SCC 665 and also the decision in the
case of Sushila Aggarwal v. State (NCT of Delhi), reported in

(2020) 5 SCC 1, the Court is inclined to allow the present
application.



                                           Page 3 of 5
     R/CR.MA/14693/2026                                           ORDER DATED: 02/07/2026




7.      In the result, this application is allowed by directing

that in the event of arrest/ appearance of the applicant in

connection with the above-referred FIR, the applicant shall be

released on bail on furnishing a personal bond of Rs.10,000/-

(Rupees Ten Thousand) with one surety of like amount on

the following conditions that applicant:



        (a)     shall cooperate with the investigation and make

        available for interrogation whenever required;

        (b)     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;

        (c)     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;

        (d)     shall      remain     present         at    the      concerned       Police

        Station on 09.07.2026 between 11.00 a.m. and 2.00 p.m.;

        (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

        Court and if having passport shall deposit the same



                                        Page 4 of 5
      R/CR.MA/14693/2026                                                 ORDER DATED: 02/07/2026




         before the trial Court within a week;

         (g)      It is open to the police or the investigating agency

         to move the learned trial Court for a direction under

         Section 483(2) of the BNSS to arrest the accused, in

         the event of violation of any term, such as absconding,

         non-cooperating                   during             investigation,                evasion,

         intimidation or inducement to witnesses with a view to

         influence outcome of the investigation or trial, etc.



7.1      At the trial, the Trial Court shall not be influenced by

the     prima        facie      observations           made        by     this      Court       while

considering the bail application.



8.       It is made clear that this order of anticipatory bail does

not in any manner limit or restrict the rights or duties of
the police or investigative agency to investigate into the

charges against the applicant who is granted pre-arrest bail.



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

service is permitted.


                                                                      (SANJEEV J.THAKER,J)



Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 16:16:02



                                               Page 5 of 5


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