SANJAY VASHRAM DOMADIAversusSTATE OF GUJARAT

      R/CR.MA/7004/2026                                     ORDER DATED: 11/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7004
                          of 2026

==========================================================
                          SANJAY VASHRAM DOMADIA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR SAMIR SHAIKH(13749) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 11/08/2026

                                  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.11202046250638 of 2025, registered with the Panchkoshi

‘B’    Division       Police   Station,   District      :   Jamnagar           for    the

offences punishable under Sections 406, 409, 411, 413 and

120B of the Indian Penal Code and Sections



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



                                     Page 1 of 6
      R/CR.MA/7004/2026                                        ORDER DATED: 11/08/2026




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



                                           Page 2 of 6
      R/CR.MA/7004/2026                                                   ORDER DATED: 11/08/2026




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 role attributed to the present applicant,

the     applicant         is        neither    the     trustee       of     Kansumra          Gram

Samasta Sarvajanik Trust nor the trustee of Kishan Kamali

Trust (Surat);

b)      the present applicant is neither named in the FIR nor
in the first charge-sheet;

c)      the     name           of     the     applicant       has    come        up     from        the

statement         of      one         Nikunjbhai             Chokshi       dated       27.12.2025

whereas the role attributed to the present applicant is that

the applicant has introduced one Iqbalbhai Harunbhai Khira,

who is the trustee of Kansumra Gram Samasta Sarvajanik

Trust;

d)      moreover, the present applicant has also cooperated the

investigation;

e)      pursuant to the order dated 25.03.2026 passed by the



                                               Page 3 of 6
      R/CR.MA/7004/2026                                        ORDER DATED: 11/08/2026




Coordinate Bench of this Court, the present applicant has

deposited 3% of the amount which was the amount as per

the statement of Nikunjbhai Chokshi;

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:



                                          Page 4 of 6
R/CR.MA/7004/2026                                               ORDER DATED: 11/08/2026




  (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 18.08.2026 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;



                                      Page 5 of 6
       R/CR.MA/7004/2026                                                                ORDER DATED: 11/08/2026




           (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/30

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 11/08/2026 14:42:47




                                                        Page 6 of 6