FARUKHBHAI HISAMUDDIN VAZIFDARversusSTATE OF GUJARAT

     R/CR.MA/9540/2026                                     ORDER DATED: 01/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9540
                           of 2026
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                 FARUKHBHAI HISAMUDDIN VAZIFDAR & ANR.
                                 Versus
                          STATE OF GUJARAT
================================================================
Appearance:
MR M.S. KAZI(13607) for the Applicant(s) No. 1,2
HCLS COMMITTEE(4998) for the Respondent(s) No. 1
MR NIKHILESH J SHAH(3007) for the Respondent(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                  Date : 01/07/2026
                   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.

11191011260083 of 2026, registered with DCB Police Station,

District:      Ahmedabad      for    the      offences      punishable         under

Sections 316(2), 316(5) and 55 of Bhartiya Nyay Sanhita,
2023. Corresponding sections are 406, 409, 34 of IPC.



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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      R/CR.MA/9540/2026                                        ORDER DATED: 01/07/2026




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/9540/2026                                        ORDER DATED: 01/07/2026




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) considering the fact that the present dispute is with

     respect to goods sold and delivered and the fact that the

     proceedings under section 138 of Negotiable Instruments

     Act against the accused No.1.

     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.



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     R/CR.MA/9540/2026                                               ORDER DATED: 01/07/2026




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 08.07.2026 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



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       R/CR.MA/9540/2026                                                  ORDER DATED: 01/07/2026




          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

 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 01/07/2026 14:53:01



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