BHANUMATIBEN @KOKILABEN MAVJIBHAI RESIYAversusSTATE OF GUJARAT

     R/CR.MA/12479/2026                                        ORDER DATED: 30/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 12479
                           of 2026

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         BHANUMATIBEN @KOKILABEN MAVJIBHAI RESIYA & ANR.
                             Versus
                       STATE OF GUJARAT
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Appearance:
DHRUVIN P BHUPTANI(8295) for the Applicant(s) No. 1,2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 30/07/2026

                                      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.

11208051260334            of    2026,    registered         with     the   B      Division

Police Station, Rajkot            City, for the offences punishable under

Sections 109(1), 118(1), 333, 352, 189(2), 189(4), 191(2), 191(3)

of   the     Bharatiya         Nyay     Sanhita       and    Section       135     of    the

Gujarat Police Act.


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


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      R/CR.MA/12479/2026                                           ORDER DATED: 30/07/2026




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

imprisonment on conviction by a Court in respect of any

cognizable offence; (iii) the possibility of the applicant to flee


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      R/CR.MA/12479/2026                                         ORDER DATED: 30/07/2026




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 was not carrying any weapon;

b)       the fact that the role attributed to the present applicant

is only of giving a fist-blow;

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/12479/2026                                ORDER DATED: 30/07/2026




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

07.08.2026 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



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      R/CR.MA/12479/2026                                                             ORDER DATED: 30/07/2026




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.



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)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 30/07/2026 15:54:54




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