SUMITRABEN KIRANBHAI KATARAversusSTATE OF GUJARAT

 R/CR.MA/19440/2026(GJHC240631472026)                                ORDER DATED: 20/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 19440
                           of 2026

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                        SUMITRABEN KIRANBHAI KATARA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
MS KRUPA K BELADIYA(13979) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 20/08/2026

                                        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.11821030260024 of 2026, registered with the Jhalod Police

Station, District : Dahod for the offences punishable under

Sections 108, 85 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/19440/2026(GJHC240631472026)                               ORDER DATED: 20/08/2026




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/19440/2026(GJHC240631472026)                                     ORDER DATED: 20/08/2026




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)     learned         advocate         for      the        applicant     has         drawn     the

attention       of     this     Court            towards         the      judgment            dated

04.07.2026 passed by the learned trial Court in Sessions Case

No.21 of 2026, whereby accused Nos.1 and 2 have been

acquitted;

b)     there      is    no     specific         role        attributed      to        the   present

applicant;

c)     the applicant has no past antecedents;

d)     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,



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 R/CR.MA/19440/2026(GJHC240631472026)                             ORDER DATED: 20/08/2026




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:



       (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



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 R/CR.MA/19440/2026(GJHC240631472026)                                   ORDER DATED: 20/08/2026




       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;


       (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



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   R/CR.MA/19440/2026(GJHC240631472026)                                                       ORDER DATED: 20/08/2026




 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/81


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 20/08/2026 14:35:47




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