MAGHIBEN @ MARGHABEN BALVANTJI @ BALAJI NAGAJIJI THAKORversusSTATE OF GUJARAT

     R/CR.MA/9688/2026                                            ORDER DATED: 09/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9688
                          of 2026

==========================================================
 MAGHIBEN @ MARGHABEN BALVANTJI @ BALAJI NAGAJIJI THAKOR
                        Versus
                  STATE OF GUJARAT
==========================================================
Appearance:
MR RB THAKOR(6743) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 09/07/2026

                                     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.11195007250648              of   2025,        registered       with    the      Bhabhar

Police     Station,      District      :      Banaskantha          for      the      offences

punishable        under     Sections          115(2),       118(1),      118(2),      109(1),

296(b), 189(2), 191(2), 191(3) and 190 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/9688/2026                                        ORDER DATED: 09/07/2026




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/9688/2026                                      ORDER DATED: 09/07/2026




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)      that       considering         the     report      submitted        by         the

investigating agency dated 02.07.2026, it transpires that in

the CCTV footage, the applicant did not found present at the

time of incident;
b)      moreover, from the statement of the witnesses, the role

of present applicant is only holding the witnesses;

c)      this Court prima facie finds that no role is attributed

to the applicant;

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.



6.      Considering the aforesaid aspects and the law laid down



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     R/CR.MA/9688/2026                                         ORDER DATED: 09/07/2026




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

       officer;



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R/CR.MA/9688/2026                                              ORDER DATED: 09/07/2026




  (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 16.07.2026 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/9688/2026                                                                ORDER DATED: 09/07/2026




 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/89

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 09/07/2026 15:05:15




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