KUNTAL JASHVANT SHAHversusSTATE OF GUJARAT

     R/CR.MA/7603/2026                                    ORDER DATED: 02/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7603
                          of 2026

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                         KUNTAL JASHVANT SHAH & ANR.
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1,2
RAVI V DESAI(8443) for the Applicant(s) No. 1
ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 02/04/2026

                                 ORAL ORDER


1.     Learned advocate Mr. Ruchit J. Vyas states that he has
instructions to appear on behalf of the respondent No. 2
herein – original complainant and shall file his Vakalatnama
before the Registry. Registry to accept his Vakalatnama.


2.     Rule.        Learned Additional Public Prosecutor waives
service of notice of rule for respondent – State of Gujarat.


3.     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.
11201001260001 of 2026, registered with C.I.D. Crime
Gandhinagar Zone Police Station, District:                   Gandhinagar for
the offences alleged therein.



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      R/CR.MA/7603/2026                              ORDER DATED: 02/04/2026




4.      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.


4.1     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.


5.      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.


6.      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


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     R/CR.MA/7603/2026                             ORDER DATED: 02/04/2026




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, following aspects
have been taken into consideration:

a)    The applicants are the owners of R.D. Trading Firm and
had purchased material from Nev. The directors/partners of Nev
are the mother and wife of the original accused No. 1, and it is
alleged that the selling price was thereby inflated to the
detriment of the complainant company, namely Bankai.

b)    The applicants, however, have no connection with the
original accused persons. It is further alleged that the amount
earned by the applicants out of the said transactions is
approximately Rs. 3 lakh.


c)   The complainant has no objection if anticipatory bail is
granted to the applicants.

d)     the applicant has no past antecedents;

e)    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.


7.     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


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     R/CR.MA/7603/2026                          ORDER DATED: 02/04/2026




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.


8.     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 10.04.2026 between 11.00 a.m. and 2.00 p.m. and the
       Investigating Officer shall ensure that no unnecessary
       harassment or inconvenience is caused to the applicant;

       (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


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         R/CR.MA/7603/2026                                                      ORDER DATED: 02/04/2026




            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) 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.

  8.1       At the trial, the Trial Court shall not be influenced by the
  prima facie observations made by this Court while considering
  the bail application.


  9.        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.


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



                                                                                        (P. M. RAVAL, J)
  MOHD SAIF ULLAH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 02/04/2026 17:57:04




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