AVANISH ASHVINBHAI SAKHARELIYAversusSTATE OF GUJARAT

     R/CR.MA/9186/2026                                       ORDER DATED: 15/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9186
                          of 2026

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                         AVANISH ASHVINBHAI SAKHARELIYA
                                      Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. ALAK A PANDYA(7164) for the Applicant(s) No. 1
MR. MALAY J. BOSAMIYA(15563) for the Applicant(s) No. 1
MR AAYUSH N MULCHANDANI(12960) for the Respondent(s) No. 2
MS ASMITA V PATEL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 15/07/2026

                                   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.11191011250448 of 2025, registered with the D.C.B. Police

Station, Ahmedabad City, for the offences punishable under

Sections 316(2), 316(4), 318(2) 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




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      R/CR.MA/9186/2026                                        ORDER DATED: 15/07/2026




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.



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



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      R/CR.MA/9186/2026                                        ORDER DATED: 15/07/2026




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

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     applicant        has   appeared       before     the     investigating

officer and cooperated the investigation;

b)      the entire transaction was of accused No.1 – Meet

Paneliya;
c)      before filing the FIR, a legal notice under Section 138

of the Negotiable Instruments Act has been issued by the

owner of the firm viz., Adctrogen Pharmaceutical Pvt. Ltd.,

wherein the dispute is with respect to the dishonour of

cheques of Rs.24,71,152/-;

d)      the applicant has no past antecedents;

e)      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.




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     R/CR.MA/9186/2026                                         ORDER DATED: 15/07/2026




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:



       (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



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R/CR.MA/9186/2026                                              ORDER DATED: 15/07/2026




  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 22.07.2026 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.



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        R/CR.MA/9186/2026                                                               ORDER DATED: 15/07/2026




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/18

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 15/07/2026 14:46:04




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