SHUBHAM SANJAY DUBEYversusSTATE OF GUJARAT

 R/CR.MA/17230/2026(GJHC240544152026)                                ORDER DATED: 21/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 17230
                           of 2026

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                             SHUBHAM SANJAY DUBEY
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR SANJAY PRAJAPATI & SURESH M CHAUDHARY for the Applicant
MS SHRUTI PATHAK, APP for the Respondent - State
MR DEVARSH P PANDYA(12986) for the Original Complainant
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 21/08/2026

                                        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.11191011260131 of 2026, registered with the D.C.B. Police

Station, District : Ahmedabad City for the offences punishable

under Sections 316(2), 31695) and 54 of the Bharatiya Nyay

Sanhita (‘the BNS’ for short).



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



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 R/CR.MA/17230/2026(GJHC240544152026)                               ORDER DATED: 21/08/2026




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.



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



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 R/CR.MA/17230/2026(GJHC240544152026)                             ORDER DATED: 21/08/2026




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

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 present

dispute     pertains       to    goods      sold       and   delivered    and     given

criminal colour to the civil dispute;

b)     from the allegation also, it has been clearly stated in

the FIR that the present applicant is not the owner of the
Fashion Care Club and in the FIR itself, accused No.4 is

joined as the owner of Fashin Care Club;

c)     though it has been stated that all the transactions have

taken place through the present applicant being the agent of

Fashion Care Club, but the invoices reflect the name of

Fashion Care Club;

d)     moreover, there are civil proceedings and commercial

suit has also filed by Fashion Care Club through accused

No.3 - Nitish Umesh Mishra;

e)     further, the complainant has also filed the proceedings



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 R/CR.MA/17230/2026(GJHC240544152026)                              ORDER DATED: 21/08/2026




under Section 138 of the Negotiable Instruments Act against

accused No.3, being the owner of Fashion Care Club;

f)     the applicant has no past antecedents;

g)     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.



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:




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R/CR.MA/17230/2026(GJHC240544152026)                                 ORDER DATED: 21/08/2026




      (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 27.08.2026 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

      before the trial Court within a week;




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  R/CR.MA/17230/2026(GJHC240544152026)                                                       ORDER DATED: 21/08/2026




           (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)
M.H. DAVE/58

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/08/2026 14:56:20




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