MITESHKUMAR RAMESHBHAI TRAPASIYAversusSTATE OF GUJARAT

     R/CR.MA/14286/2026                                   ORDER DATED: 02/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 14286
                           of 2026
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                       MITESHKUMAR RAMESHBHAI TRAPASIYA
                                          Versus
                                  STATE OF GUJARAT
==============================================================================
Appearance:
MR. MAYUR P. DHAMELIYA(14260) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                   Date : 02/07/2026
                    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.

11822024250018 of 2025, registered with Navsari Cyber Crime

Police Station, District: Navsari for the offences punishable

under Sections 317(2), 317(4), 318(4), 319(2), 61(2) and 3(5) of

Bhartiya Nyaya Sanhita, 2023 and section 66(C) & 66(D) of

Information Technology Amended Act, 2008.


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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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/14286/2026                                    ORDER DATED: 02/07/2026




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 role of the present applicant, the

        present applicant is not named in the FIR and the

        investigation       has   not   been      able    to    show     that        the

        applicant is a beneficiary of transaction and/or that any

        alleged amount is being deposited in his account.

        (b)     The Bank Accounts stated in the FIR also do not

        belong to the present applicant. If the entire FIR is

        taken into consideration, there are no allegation against

        the applicant.

        c)      the applicant has no past antecedents;
        d)      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,



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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;

        (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 09.07.2026 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



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         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.



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 02/07/2026 17:14:55
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