BHAVESHBHAI BHARATBHAI VAGHELA (DISPOSED OF AS WITHDRAWN AS PER HON'BLE COURT'S ORDER DTD. 20-1-26)versusSTATE OF GUJARAT

     R/CR.MA/22332/2025                         ORDER DATED: 20/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22332
                           of 2025

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                BHAVESHBHAI BHARATBHAI VAGHELA & ORS.
                                Versus
                         STATE OF GUJARAT
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Appearance:
MANDEEP SINGH SALUJA(8791) for the Applicant(s) No. 1,2,3
MR VINAY VISHEN, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                            Date : 20/01/2026

                             ORAL ORDER

1.      Learned Advocate Mr. Mandeep Singh Saluja for the applicant
seeks permission to withdraw the present Application qua applicant
Nos. 1 and 2 only.


2.      Permission as prayed for is granted. The matter stands
disposed of as withdrawn qua applicant Nos. 1 and 2 only. Interim
relief, if any, shall stand vacated.


3.      This Court will proceeded with the present application qua
applicant No.3 only.

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

5.      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


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     R/CR.MA/22332/2025                                   ORDER DATED: 20/01/2026




connection with the FIR being C.R. No.11191004250822 of 2025
registered with Amraiwadi Police Station for the alleged offences as
mentioned in the FIR.

6       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.

7.      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.

8.      Learned       Additional   Public    Prosecutor   Mr.     Vinay      Vishen
appearing on behalf of the respondent – State has opposed grant of
anticipatory bail looking to the nature and gravity of the offence.

9.      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


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      R/CR.MA/22332/2025                            ORDER DATED: 20/01/2026




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 merit of the case, which may
prejudice the accused, should be avoided. I have considered the
following aspects.

         (A)     As per the FIR, the only role of the applicant No.3 was
         about he having once slapped the victim, however, the time
         and date of the said act is not mentioned.

         (B)     There are no criminal antecedents against the applicant
         No.3.

         (B)     The applicant is a permanent resident of Ahmedabad
         hence, would be available during the course of investigation
         and the trial.

10.      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


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      R/CR.MA/22332/2025                                       ORDER DATED: 20/01/2026




(2020) 5 SCC 1, I am inclined to exercise discretion in favour of the
applicant.

11.      In the event, 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.11191004250822       of   2025
registered with Amraiwadi                Police Station, the applicant shall be
released on bail on furnishing a personal bond of 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
                 27.01.2026 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 till further orders;

         (f)     shall not leave India without the permission of the


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          R/CR.MA/22332/2025                                                                       ORDER DATED: 20/01/2026




                           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) 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.-

   12.         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.

   13.         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.

   14.         Rule is made absolute to the aforesaid extent qua applicant
   No.3. Direct service is permitted.




                                                                         (UTKARSH THAKORBHAI DESAI, J)
   KAJAL




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/01/2026 18:41:09




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