SURBHIT MUKESHBHAI SHAHversusSTATE OF GUJARAT

    R/CR.MA/16320/2026                                ORDER DATED: 13/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO.
                         16320 of 2026
                             With
        R/CRIMINAL MISC.APPLICATION NO. 16324 of 2026
==========================================================
                   SURBHIT MUKESHBHAI SHAH
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance in CR.MA No.16320/2026:
MR SI NANAVATI, SR. ADVOCATE with MR HERSCHELLE K. RAVAL(18164) for
applicants
MR VISHAL K ANANDJIWALA with MR YASH K DAVE(10269) for the Respondent No. 1
Appearance in CR.MA No.16324/2026:
MR SI NANAVATI, SR. ADVOCATE with MR SURAJ SHUKLA & MS PRIYANKA DUBE for
applicants
MR VISHAL K ANANDJIWALA with MR YASH K DAVE(10269) for the Respondent No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 13/08/2026
                          COMMON ORDER

       RULE. Learned APP waives service of notice of Rule for and on behalf
of the respondent – State of Gujarat.

[1.0] By way of the present application under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicants accused
have prayed to release them on anticipatory bail in the event of their arrest
in connection with the FIR being C.R. No.11196004260144 of 2026
registered with Gotri Police Station, Vadodara City for the oDences
punishable under Sections 403, 404, 406, 420, 467, 468, 471, 120(B) and 114
of the Indian Penal Code, 1860 (for short “IPC”).

[2.0] Learned Senior Advocate Mr. Sudhir I. Nanavati assisted by learned
advocates Mr. Herschelle K. Raval and Mr. Suraj Shukla appearing for the
applicants – accused has submitted that the applicants are innocent and
have been falsely enroped in the oDence. He has further submitted that the


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    R/CR.MA/16320/2026                                 ORDER DATED: 13/08/2026




alleged oDence took place in the year 2002 for which FIR is Fled in the year
2026 i.e. after a huge delay of more than 24 years and even otherwise, the
applicants have not played any role so far as alleged forgery of power of
attorney is concerned. He has also argued that case is based on
documentary evidence and triable by the Court of Magistrate and therefore,
he has requested to allow the present applications and grant anticipatory
bail to the present applicants by imposing suitable conditions.

[3.0] Learned APP as well as learned advocate Mr. Vishal K. Anandjiwala
assisted by learned advocate Mr. Yask K. Dave appearing for the original
complainant have vehemently opposed the present applications and have
requested to dismiss the present applications.

[4.0] Having heard the learned Counsel appearing for the respective
parties and considering the averments made in the applications and
perusing the record, it appears that the case of the complainant is that
father of the present applicants forged the power of attorney of the
complainant and using the said forged power of attorney got executed sale
deed with respect to properties being Revenue Survey No.403, City Survey
No.1880 situated at Sayajiganj Kasba, Vadodara in favor of the present
applicants in the year 2002 however, at the relevant point of time, the
applicant namely Surbhit Shah (CR.MA No.16320/2026) was aged only 17
years and applicant namely Amit Shah (CR.MA No.16324/2026) was aged
only 19 years. Even from the bare perusal of the FIR, it appears that present
applicants have not played any active role in forging of any of the
documents and whatever allegation of forgery of alleged power of attorney
of the complainant is concerned, is against the father of the present
applicants, who is now no more.

[4.1] Further, for the alleged oDence which took place in the year 2002,
the FIR is Fled in the year 2026 i.e. after a huge delay of more than 24 years.
Even, present case is based on documentary evidence and even if we accept
the allegations as it is including civil proceedings, except knowledge qua


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    R/CR.MA/16320/2026                                 ORDER DATED: 13/08/2026




alleged forgery, no role is attributed to the present applicants insofar as
forging of the power of attorney is concerned. Further, the applicant of
CR.MA No.16320/2026 is not having any antecedent and applicant of CR.MA
No.16324/2026 is having one past antecedent relating to violation of Labour
Law and except this no similar past antecedents and even otherwise, unless
proven guilty, applicant of CR.MA No.16324/2026 is governed by
presumption of innocence.

[5.0] Considering the aforesaid fact and quantum of punishment for the
oDences alleged against the applicants and the law laid down by the
Hon’ble Supreme Court in the case of Sushila Aggarwal v. State (NCT of
Delhi) reported in (2020) 5 SCC 1, more particularly paragraph 7.1, I am
inclined to allow the present applications.

[6.0] In the result, the present applications are allowed by directing that in
the event of arrest / appearance of the applicants in connection with the
FIR being C.R. No.11196004260144 of 2026 registered with Gotri Police
Station, Vadodara City, the applicants shall be released on bail on
furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only)
each with one surety of like amount on the following conditions that
applicants :
       (a)     shall cooperate with the investigation and make himself
               available for interrogation whenever required;

       (b)     shall remain present at the concerned Police Station on
               21/08/2026 between 11.00 a.m. and 2.00 p.m. and the IO
               shall ensure that no unnecessary harassment or
               inconvenience is caused to the applicants;

       (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 oMcer;

       (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;



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   R/CR.MA/16320/2026                                                           ORDER DATED: 13/08/2026




       (e)        shall at the time of execution of bond, furnish the address to
                  the investigating oMcer and the court concerned and shall not
                  change his residence till the Fnal 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)        an 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 applicants;

       (h)        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 inOuence outcome of the
                  investigation or trial, etc.-


[7.0] At the trial, the Trial Court shall not be inOuenced by the prima facie
observations made by this Court while enlarging the applicants on bail.

[8.0] Rule is made absolute to the aforesaid extent in each of the
applications. Applications are disposed of accordingly. Direct service is
permitted.


       A copy of this order be placed in CR.MA No.16324/2026.



                                                                 (HASMUKH D. SUTHAR, J.)

Ajay
   Original copy of this order has been signed by the Hon'ble Judge.
   Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 18:29:16




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