Manishaben Sagarbhai Thakor vs State Of Gujarat

Gujarat High Court

Manishaben Sagarbhai Thakor vs State Of Gujarat on 12 May, 2026

                                                                                                        NEUTRAL CITATION




                          R/CR.MA/9759/2026                                ORDER DATED: 12/05/2026

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO.
                                            9759 of 2026

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                                              MANISHABEN SAGARBHAI THAKOR
                                                          Versus
                                                 STATE OF GUJARAT & ORS.
                     ==================================================
                     Appearance:
                     MR. PRANJAL PATEL(16267) for the Applicant(s) No. 1
                     MS. DHWANI TRIPATHI, APP for the Respondent(s) No. 1
                     RULE SERVED for the Respondent(s) No. 2,3
                     ==================================================

                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 12/05/2026

                                                           ORDER

[1] 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. 11192061260125 of 2026 registered with Viramgam Town Police Station, Bharuch, for the offences punishable under Sections 118(1), 115(2), 352 and 54 of the BNS.

[2] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant is lady and there is no past antecedents daughter in law of the complainant. It is submitted that The allegations against the present applicant are that, during a quarrel, she slapped the complainant. Except for this allegation, no other specific role is Page 1 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed May 13 2026 Downloaded on : Wed May 13 21:44:53 IST 2026 NEUTRAL CITATION R/CR.MA/9759/2026 ORDER DATED: 12/05/2026 undefined attributed to the present applicant. It is also not the case of the prosecution that the present applicant used any weapon or caused any grievous injury. The applicant has no past antecedents. Furthermore, nothing is reported 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] 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, she has requested to dismiss the present application.

[4] 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 Page 2 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed May 13 2026 Downloaded on : Wed May 13 21:44:53 IST 2026 NEUTRAL CITATION R/CR.MA/9759/2026 ORDER DATED: 12/05/2026 undefined 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 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) Applicant is lady accused and not having any past antecedent;

(3) No case of custodial interrogation made out by the prosecution.

(4) Now nothing is required to be recovered from the applicant.

[5] 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.

NEUTRAL CITATION R/CR.MA/9759/2026 ORDER DATED: 12/05/2026 undefined [6] In the result, the present application is allowed by directing that in the event of arrest of the applicant in connection with FIR being C.R. No. 11192061260125 of 2026 registered with Viramgam Town Police Station, Bharuch, 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 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;

NEUTRAL CITATION R/CR.MA/9759/2026 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] 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] Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.

(HASMUKH D. SUTHAR, J.) DHARMENDRA KUMAR Page 5 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed May 13 2026 Downloaded on : Wed May 13 21:44:53 IST 2026