SOLANKI VISHWAJITSINH PRAFULBHAIversusSTATE OF GUJARAT

     R/CR.MA/14858/2026                                           ORDER DATED: 03/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 14858
                           of 2026
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                         SOLANKI VISHWAJITSINH PRAFULBHAI
                                          Versus
                                  STATE OF GUJARAT
==============================================================================
Appearance:
MR POOJAN V BAHRANI(12056) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                   Date : 03/07/2026
                    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.11196002260296              of     2026,   registered          with    Bapod      Police

Station, District: Vadodara for the offences punishable under

Sections       316(2),    318(4)       and     54      of   the     Bharatiya        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.




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      R/CR.MA/14858/2026                                           ORDER DATED: 03/07/2026




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



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     R/CR.MA/14858/2026                                                 ORDER DATED: 03/07/2026




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)       it    is    not     the    case        of     the    complainant       that       the

       amount         was    given        to     the      present      applicant.      Moreover,

       considering the statement made by the Investigating Officer

       before        the    Trial    Court,         it       has    been     stated    that       the

       Investigating Officer shall issue a notice to the accused to

       remain present for investigation, after the same, notice has

       been issued on 25.06.2026 considering the fact that the

       alleged offence has taken place on 20.02.2026 and the

       complaint is filed on 09.06.2026, the present application is

       required to be allowed.

       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




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     R/CR.MA/14858/2026                                     ORDER DATED: 03/07/2026




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.



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 10.07.2026 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




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      R/CR.MA/14858/2026                                                  ORDER DATED: 03/07/2026




         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 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 03/07/2026 13:51:47
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