ARJUNBHAI MOHANLAL @MANCHHAJI RAJPUROHITversusSTATE OF GUJARAT

     R/CR.MA/16236/2026                                         ORDER DATED: 28/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 16236
                           of 2026

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             ARJUNBHAI MOHANLAL @MANCHHAJI RAJPUROHIT
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR SANDIP M PATEL(5649) for the Applicant(s) No. 1
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 28/07/2026

                                  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.11191038260326 of 2026, registered with the Vatva Police

Station, District : Ahmedabad City for the offences punishable

under Sections 4(3) and 5(E) of the Gujarat Land Grabing

Prohibition        Act    and   Section    314       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/16236/2026                                ORDER DATED: 28/07/2026




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.



3.2      The      applicant   has   tendered      an   additional       affidavit

stating that the land in question does not belong to him and

he is not in possession of the said land; and that he is not

interested in the land in question; and that he has never
claimed any right, title or interest and ownership on the

land in question; and that the peaceful possession of the land

in question is with the complainant.                   The said additional

affidavit in taken on record.



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.




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     R/CR.MA/16236/2026                                            ORDER DATED: 28/07/2026




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

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 present dispute is with respect to the offence under

the provisions of the Gujarat Land Grabbing Prohibition Act;

b)      considering         the       additional          affidavit     filed     by         the

applicant, the complainant is in peaceful possession of the

land in question and he has no right, title, interest and

possession over the land in question;



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      R/CR.MA/16236/2026                                       ORDER DATED: 28/07/2026




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,
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;



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R/CR.MA/16236/2026                                           ORDER DATED: 28/07/2026




   (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 04.08.2026 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

   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



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        R/CR.MA/16236/2026                                                                ORDER DATED: 28/07/2026




            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/46

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 28/07/2026 18:06:42




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