LUCKYRAJSINH INDRASINH PARMARversusSTATE OF GUJARAT

     R/CR.MA/14507/2026                                            ORDER DATED: 01/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 14507
                           of 2026

==========================================================
                          LUCKYRAJSINH INDRASINH PARMAR
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR RONAK RAWAL, 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.11211025250467 of 2025, registered with the Joravarnagar

Police     Station,        District   :    Surendranagar             for    the       offences

punishable         under      Sections       103(1),       115(2),      189(2),        191(2),

191(3), 190 and 352 of the Bharatiya Nyay Sanhita (‘the

BNS’ for short) 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



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      R/CR.MA/14507/2026                                           ORDER DATED: 01/07/2026




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/14507/2026                                       ORDER DATED: 01/07/2026




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)      considering        the    role     of     the    present    applicant,          the

present applicant’s name is not reflected in the FIR;

b)      it is mentioned in the FIR that four unknown persons

were present;
c)      the role of the present applicant has come out from the

statement         of      co-accused      viz.,        Krushnapalsinh       Indrasinh

Parmar;

d)      the Co-ordinate Bench has considered the anticipatory

bail to that Krushnapalsinh Indrasinh Parmar vide order

dated      03.03.2026        recorded       on     Criminal    Misc.     Application

No.25927 of 2025;

e)      the role of the present applicant and Krushnapalsinh

Indrasinh        Parmar      is   same       of    holding    the   father     of       the

applicant;



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      R/CR.MA/14507/2026                                       ORDER DATED: 01/07/2026




f)       if we consider the affidavit of the investigating officer,

the cause of death is because of stoppage of blood flow to

the heart (atherosclerotic changes);

g)       the applicant has no past antecedents;

h)       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.



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:



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R/CR.MA/14507/2026                                           ORDER DATED: 01/07/2026




   (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

   before the trial Court within a week;



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        R/CR.MA/14507/2026                                                                ORDER DATED: 01/07/2026




            (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)
 M.H. DAVE/SB-I/9

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 01/07/2026 15:25:41




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