NARESH KHIMJIBHAI BHANUSHALIversusSTATE OF GUJARAT

     R/CR.MA/6437/2026                                      ORDER DATED: 30/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6437
                          of 2026

==========================================================
                         NARESH KHIMJIBHAI BHANUSHALI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
DARSHAN M VARANDANI(7357) for the Applicant
MR RONAK RAWAL, APP for the Respondent - State
A R SHAH(7768) for the Original Complainant
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 30/07/2026

                                  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.11205042260137 of 2026, registered with the Bhuj City ‘A’

Division Police Station, District : Kachchh West – Bhuj for

the offences punishable under Sections 316(2), 318(2) and 338

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/6437/2026                                        ORDER DATED: 30/07/2026




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/6437/2026                                          ORDER DATED: 30/07/2026




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 arises out of the breach of the agreement whereby a

friendly loan was given to the present applicant;

b)      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



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     R/CR.MA/6437/2026                                          ORDER DATED: 30/07/2026




(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 06.08.2026 between 11.00 a.m. and 2.00 p.m.;



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        (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

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



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        R/CR.MA/6437/2026                                                                ORDER DATED: 30/07/2026




 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/41

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 30/07/2026 14:04:26




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