Gujarat High Court
Komalben Kumarbhai Parmar vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/3866/2026 ORDER DATED: 12/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 3866
of 2026
==========================================================
KOMALBEN KUMARBHAI PARMAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1
DHWANI TRIPATHI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/05/2026
ORDER
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed to release on anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11198011251483 of 2025 registered with Gangajaliya Police Station, Bhavnagar, for the offences punishable under Sections 8(C), 20(B)(2)(B) and 29(1) of the NDPS.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. It is submitted that nothing was recovered from the possession of the present applicant. The husband of the present applicant was already arrested, and merely because the contraband was found from the house of the mother-in-law of the present applicant, the police put pressure upon her husband to take the name of his Page 1 of 5 Uploaded by ALI ISTAYAK(HC01093) on Tue May 12 2026 Downloaded on : Tue May 12 23:47:04 IST 2026 NEUTRAL CITATION R/CR.MA/3866/2026 ORDER DATED: 12/05/2026 undefined wife and confess the offence. Such statement was given by accused No.1 before the learned 5th Additional Chief Judicial Magistrate, Bhavnagar. The applicant has no past antecedents, and now nothing remains to be recovered or discovered from the present applicant. Therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
[3.0] 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. Custodial interrogation of the applicant is required. Hence, he has requested to dismiss the present application.
[4.0] Having heard the learned advocate for the parties and perusing the investigation papers, it is equally 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 with the object of injuring or humiliating the applicant by having him/her so arrested. Though at the stage of granting bail an Page 2 of 5 Uploaded by ALI ISTAYAK(HC01093) on Tue May 12 2026 Downloaded on : Tue May 12 23:47:04 IST 2026 NEUTRAL CITATION R/CR.MA/3866/2026 ORDER DATED: 12/05/2026 undefined 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.
(1) Offence is not punishable with life imprisonment or death penalty;
(2) From the compliant, it appears that nothing is revered from the conscious possession of the present applicant. (3) The husband of the present applicant was already arrested. (4) The statement of accused No.1 has been recorded by the learned Chief Judicial Magistrate, Bhavnagar, wherein accused No.1 stated that the police had put pressure upon him to take the name of his wife and confess the offence. (5) The allegation against the present applicant is that 2.911 kilograms of Ganja was recovered from her possession, which is an intermediate quantity, and therefore, the rigours of Section 37 would not be applicable. (6) Applicant is lady accused and not having any past antecedent;
(7) No case of custodial interrogation made out by the prosecution.
(8) Now nothing is required to be recovered from the applicant.
[5.0] 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 Page 3 of 5 Uploaded by ALI ISTAYAK(HC01093) on Tue May 12 2026 Downloaded on : Tue May 12 23:47:04 IST 2026 NEUTRAL CITATION R/CR.MA/3866/2026 ORDER DATED: 12/05/2026 undefined 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.
[6.0] 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. 11198011251483 of 2025 registered with Gangajaliya Police Station, Bhavnagar, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that applicant:
(a) shall cooperate with the investigation and make herself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 18/05/2026 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 her 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 her/his 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;
Page 4 of 5 Uploaded by ALI ISTAYAK(HC01093) on Tue May 12 2026 Downloaded on : Tue May 12 23:47:04 IST 2026NEUTRAL CITATION R/CR.MA/3866/2026 ORDER DATED: 12/05/2026 undefined
(g) an 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 person who seeks and is granted pre- arrest bail;
(h) 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.-
[7.0] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
[8.0] Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J) ALI Page 5 of 5 Uploaded by ALI ISTAYAK(HC01093) on Tue May 12 2026 Downloaded on : Tue May 12 23:47:04 IST 2026