Bharatbhai Vithhalbhai Chavda vs State Of Gujarat

Gujarat High Court

Bharatbhai Vithhalbhai Chavda vs State Of Gujarat on 28 April, 2026

                                                                                                          NEUTRAL CITATION




                           R/CR.MA/3160/2026                                 ORDER DATED: 28/04/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 3160
                                                of 2026

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                                               BHARATBHAI VITHHALBHAI CHAVDA
                                                           Versus
                                                     STATE OF GUJARAT
                     ==========================================================
                     Appearance:
                     MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
                     BHARGAV PANDYA APP for the Respondent(s) No. 1
                     ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                         Date : 28/04/2026

                                                           ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent - State of Gujarat.

2. 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. 11189008251410 of 2025, registered with Wankaner Taluka Police Station, District: Morbi for the offences punishable under Sections108, 115(2), 351(2) and 351(3) and 54 of the BNS,2023.

3. Learned Advocate Mr. Virat Popat 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 Page 1 of 8 Uploaded by MR.MAHENDRA MOHANBHAI PUROHIT(HCD0074) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:40:08 IST 2026 NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined 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 Learned Advocate submits that the Applicant is nowhere responsible for instigating three young boys to consume pesticides. Learned Advocate further draws the attention of this Court towards the FIR that no specific role has been attributed to the present Applicant, and the only allegation against the present Applicant is that he, along with his father and Gobarbhai, had gone to beat the sons of the original complainant. However, the sons of the complainant, being frightened, fled from the said place and consumed pesticides. Thus, the provisions of Section 108 of the BNS are not attracted.

3.3 Learned Advocate for the Applicant further submits that the father of the Applicant, namely Vitthalbhai Motibhai Chavda, has been protected by this Court vide order dated 19.01.2026 passed in Criminal Misc. Application No. 825/2026, and Hanifbhai Aahmadbhai Badi has been granted anticipatory bail by this Court vide order dated 24.12.2025 passed in Criminal Misc. Application No. 27521/2025, whereas Hemeshbhai Jaysukhlal Patel, in whose favour the lease of the Page 2 of 8 Uploaded by MR.MAHENDRA MOHANBHAI PUROHIT(HCD0074) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:40:08 IST 2026 NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined land in question has been granted, was released on anticipatory bail vide order dated 24.12.2025 passed by this Court in Criminal Misc. Application No. 27608/2025.

4. As against this, the learned Additional Public Prosecutor appearing on behalf of the respondent - State has strongly opposed grant of anticipatory bail looking to the nature and gravity of the offence and requested not to entertain this application.

4.1 Learned APP further submits that the Applicant is actively involved in the alleged crime and that the present Applicant, along with Gobarbhai and Vitthalbhai, had gone to the place of the original complainant, threatening to beat him and his sons, and his sons were frightened and consumed pesticides. Thus, it is argued that there is direct proximity between the act of the present Applicant and the other co-accused, and that three young sons of the complainant have consumed pesticides. Learned APP further draws the attention of the Court to the statement given before the Additional Chief Judicial Magistrate under Section 183 of the BNSS, 2023, and argues that prima facie there is involvement of the present Applicant and seeks rejection of the present 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 Page 3 of 8 Uploaded by MR.MAHENDRA MOHANBHAI PUROHIT(HCD0074) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:40:08 IST 2026 NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined 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, following aspects have been taken into consideration:

a) It transpires that the father of the Applicant, namely Vitthalbhai Motibhai Chavda, has been protected by this Court vide order dated 19.01.2026 passed in Criminal Misc.

Application No. 825/2026 with an observation that notice of seven days was to be given prior to arrest. Vitthalbhai appeared before the investigating officer on 28.01.2026 and cooperated with the investigation.

b) It also transpires that Hanifbhai Aahmadbhai Badi has been granted anticipatory bail by this Court vide order dated 24.12.2025 passed in Criminal Misc. Application No. 27521/2025, whereas Hemeshbhai Jaysukhlal Patel, in whose favour the lease of the land in question has been granted, was released on anticipatory bail vide order dated 24.12.2025 Page 4 of 8 Uploaded by MR.MAHENDRA MOHANBHAI PUROHIT(HCD0074) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:40:08 IST 2026 NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined passed by this Court in Criminal Misc. Application No. 27608/2025.

c) Even on perusal of statements under Section 183 of the victims, out of the three, three victims consumed pesticides. No overt act is attributed to the present Applicant. Prima facie, it appears that the present Applicant is working with the owner in whose favour the lease has been granted, namely Hemeshbhai J. Patel.

d) No proximate cause for the deceased to commit suicide is attributable to the present accused so as to constitute an offence under Section 108 of the BNS, which is said to have surfaced prima facie during the investigation at this juncture.

e) Even if the threats were administered by the present Applicant along with his father and Gobarbhai and other co- accused, prima facie, it would not attract Section 108 of the BNS.

f) On perusal of the investigation papers and the orders passed by the coordinate bench granting bail to two accused and protecting one accused, it appears that out of the three children of the complainant, two have survived who had ingested pesticide. Also, considering the statement under Section 183 of the BNSS, no specific role or involvement in the present crime has surfaced on record. However, co-accused Gobarbhai had slapped one of the sons of the complainant. On Page 5 of 8 Uploaded by MR.MAHENDRA MOHANBHAI PUROHIT(HCD0074) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:40:08 IST 2026 NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined seeing the present Applicant and the other two co-accused, the sons of the original complainant were frightened and fled to the farm, and thereafter consumed pesticide.

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:

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

NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined

(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 05.05.2026 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 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.

NEUTRAL CITATION R/CR.MA/3160/2026 ORDER DATED: 28/04/2026 undefined

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

(P. M. RAVAL, J) MMP Page 8 of 8 Uploaded by MR.MAHENDRA MOHANBHAI PUROHIT(HCD0074) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:40:08 IST 2026