MALVENDRA RUDRASINH VASAVAversusSTATE OF GUJARAT

 R/CR.MA/19724/2026(GJHC240641152026)                             ORDER DATED: 24/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 19724
                           of 2026
================================================================
                       MALVENDRA RUDRASINH VASAVA
                                  Versus
                            STATE OF GUJARAT
================================================================
Appearance:
MR. FAIJAN. H. MEMON(14630) for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 24/08/2026
                                    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.

11823026260715            of    2025,    registered        with    Amletha        Police

Station, District: Narmada for the offences punishable under

Sections 65(a), 65(e), 98(2), 116-B of Prohibition At.



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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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/19724/2026(GJHC240641152026)                              ORDER DATED: 24/08/2026




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)     the offence is/are not punishable with life imprisonment;

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.



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

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



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 R/CR.MA/19724/2026(GJHC240641152026)                                 ORDER DATED: 24/08/2026




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 31.08.2026 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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         (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 24/08/2026 17:22:01




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