High Court of Gujarat
CHIRAG JITENDRAKUMAR AGRAWALversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the anticipatory bail application, finding no justification to deny pre‑arrest bail.
Summary
The accused, Chirag Jitendrakumar Agrawal, filed an anticipatory bail application under Section 482 of the B.N.S. in connection with an FIR alleging offences under Sections 316(2), 316(5), 318(4) and 54, relating to a commercial transaction of Rs.74,88,746. The applicant claimed false implication, no prior similar offences, and that custodial interrogation was unnecessary. The State opposed, arguing the allegations were serious and interrogation essential. The Court examined the material, noted that the prosecution had not shown a need for custodial interrogation and that the case was essentially a civil recovery matter. Consequently, the Court granted anticipatory bail, ordering the applicant to execute a personal bond of Rs.10,000 with one surety and to comply with several conditions, including cooperation with investigation and residence restrictions.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the B.N.S. for the offences alleged in the FIR.
- Whether custodial interrogation is essential for the investigation of the alleged offences.
- Whether the prosecution has demonstrated a necessity to deny bail in the present circumstances.
Subjects
anticipatory bailSection 482custodial interrogationbond conditionsGujarat High Courtfalse implicationcommercial transaction
Judgment
R/CR.MA/12357/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY
BAIL) NO. 12357 of 2026
=========================================
CHIRAG JITENDRAKUMAR AGRAWAL
Versus
STATE OF GUJARAT
=========================================
Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
=========================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
ORAL ORDER
(i) Rule. Learned APP waives service of notice of Rule on
behalf of respondent-State.
(ii) By way of the present application under Section 482 of the
BNSS, the applicant-accused has prayed for anticipatory bail
in connection with the FIR being C.R. No. 11216022260224
of 2026 registered with Kalol Taluka Police Station, District:
Gandhinagar for the offences under Sections 316(2), 316(5),
318(4) and 54 of the B.N.S.
(iii) Learned advocate for the applicant submits that the
applicant has been falsely implicated in the alleged offence.
He has no past antecedents of like nature and custodial
interrogation of the applicant is not essential for the purpose
of investigation. Lastly he has submitted that the criminal
proceedings has not initiated to recover the due amount of
self transaction and nothing else.
Page 1 of 4
R/CR.MA/12357/2026 ORDER DATED: 02/06/2026
(iv) Learned Additional Public Prosecutor appearing on behalf
of the respondent – State has opposed grant of anticipatory
bail stating inter alia that the allegations against the
applicant are grave and serious in nature and custodial
interrogation is necessary for further investigation of the
case.
(v) Having heard the learned advocates for the respective
parties and perusing the material placed on record and
taking into consideration the facts of the case, it appears that
the applicant Chirag Agrawal has been arranged as accused
no. 3 in the FIR. And as per the allegations made against him,
he had purchased clothes from the complainant in the year of
2024 worth amounting to Rs.74,88,746/-. In such
circumstances, it appears that the criminal proceedings has
not been initiated so as to recover the amount of business
transaction. The prosecution has failed to demonstrate that
the custodial interrogation of the applicant is essential.
(vi) Considering the facts and circumstances of the case and
the role attributed to the present applicant in the alleged
offence, I find no reason to decline pre-arrest bail to the
applicant. In the result, the present application is allowed.
The applicant is ordered to be released on bail in the event of
his arrest in connection with a FIR being C.R. No.
11216022260224 of 2026 registered with Kalol Taluka Police
Station, District: Gandhinagar on his executing a personal
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of like amount on the following conditions:
Page 2 of 4
R/CR.MA/12357/2026 ORDER DATED: 02/06/2026
(a) shall cooperate with the investigation and make himself
available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
11/06/2026 between 11.00 a.m. and 2.00 p.m.;
(c) 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;
(d) 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;
(e) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change his residence till the
final disposal of the case till further orders;
(f) shall not leave India without the permission of the Trial
Court and if having passport shall deposit the same
before the Trial Court within a week; and
8. At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court in the present
order.
9. Rule is made absolute to the aforesaid extent. Direct service
Page 3 of 4
R/CR.MA/12357/2026 ORDER DATED: 02/06/2026
is permitted.
(ILESH J. VORA,J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/06/2026 13:32:54
Page 4 of 4
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