PARULBEN W/O LALITBHAI MAGANBHAI PARMARversusSTATE OF GUJARAT

   R/CR.MA/1757/2026                                ORDER DATED: 27/01/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1757
                          of 2026

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            PARULBEN W/O LALITBHAI MAGANBHAI PARMAR
                              Versus
                    STATE OF GUJARAT & ANR.
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Appearance:
MRS NISHA M PARIKH(2397) for the Applicant(s) No. 1
MR.DHAWAN JAISWAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                          Date : 27/01/2026

                           ORAL ORDER

  1. Rule. Learned APP waives service of notice of rule for
     respondent – State of Gujarat.

  2. By way of the present 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.11192017250386            of   2025   registered       with
     Ahmedabad Rural Police Station for the alleged offences
     as mentioned in the FIR.

  3. Learned advocate for the applicant submits that, the
     nature of allegations are such for which, custodial
     interrogation at this stage is not necessary. He further
     submits that, the applicant will keep himself available
     during the course of investigation and the trial, and will
     not flee from justice.




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R/CR.MA/1757/2026                         ORDER DATED: 27/01/2026




4. Learned advocate for the applicant on instructions states
  that, the applicant is ready and willing to abide by all the
  conditions that may be imposed while releasing him on
  anticipatory bail. Learned advocate therefore submitted
  that, considering the above facts, the applicant may be
  granted anticipatory bail.

5. Mr.Bhunesh Rupera learned advocate is permitted to file
  his Vakalatnama on behalf of the original complainant-
  respondent no.2.

6. Learned Additional Public Prosecutor appearing on
  behalf of the respondent – State has strongly objected to
  granting of anticipatory bail in favour of the applicant
  looking to the nature and gravity of the offence.

7. Having heard the learned advocates appearing for the
  parties and perusing the investigation papers, it is
  incumbent upon the Court to exercise its discretion
  judiciously, cautiously and strictly in compliance with
  the basic principles laid down in a plethora of decisions
  of the Hon’ble 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


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R/CR.MA/1757/2026                                  ORDER DATED: 27/01/2026




  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 merit of the case, which
  may prejudice the accused, should be avoided. The
  original complainant is present before this Court and she
  has stated that she has no objection if this anticipatory
  bail is granted in favour of the applicant.                     She has
  admitted the averments of her affidavit and has stated
  that she does not object to granting of bail in favour of
  the applicant who is having small children, this Court is
  inclined to allow the present application.

8. Considering the aforesaid aspects and the law laid down
  by the Hon’ble Apex Court in the case of Siddharam
  Satlingappa Mhetre vs. State of Maharashtra and
  Ors. 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 & Ors. 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, I
  am inclined to allow the present application.

9. In the result, the present application is allowed by
  directing that in the event of arrest / appearance of the
  applicant         in   connection         with   FIR      being        C.R.
  No.11192017250386              of         2025    registered          with
  Ahmedabad Rural Police Station, the applicant shall be
  released on bail on furnishing a personal bond of


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R/CR.MA/1757/2026                          ORDER DATED: 27/01/2026




  Rs.15,000/- (Rupees Fifteen Thousand Only) with one
  surety of like amount on the following conditions that
  applicant:

   (a)     shall cooperate with the investigation and make
           himself available for interrogation whenever
           required;

   (b)     shall remain present at the concerned Police
           Station on 03.02.2026 between 11.00 a.m. and 2.00
           p.m. and the IO shall ensure that no unnecessary
           harassment or inconvenience is caused to the
           applicant;

   (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;

   (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) 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.-


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     R/CR.MA/1757/2026                                                             ORDER DATED: 27/01/2026




         9.         It is made clear that, 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 has been granted pre-
         arrest bail.


         10.        During the trial, the Trial Court shall not be
         influenced by the prima facie observations made by this
         Court while enlarging the applicant on bail.


         11.        Rule is made absolute to the aforesaid extent.
         Direct service is permitted.




                                                            (UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/01/2026 11:18:57




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