Anantrav Mulurav Kushvah (Anantram ... vs State Of Gujarat

Citation : 2026 Latest Caselaw 3502 Guj
Judgement Date : 13 May, 2026

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Gujarat High Court

Anantrav Mulurav Kushvah (Anantram ... vs State Of Gujarat on 13 May, 2026

                                                                                                               NEUTRAL CITATION




                            R/CR.MA/9947/2026                                     ORDER DATED: 13/05/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
                                   AFTER CHARGESHEET) NO. 9947 of 2026

                      ==========================================================
                           ANANTRAV MULURAV KUSHVAH (ANANTRAM MULU KUSHVAHA)
                                                 Versus
                                           STATE OF GUJARAT
                      ==========================================================
                      Appearance:
                      MR SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
                      MS JYOTI BHATT APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
                               DESAI

                                                              Date : 13/05/2026

                                                                   ORDER

1. Heard learned advocate Mr. Sajid Kariyaniya for the applicant and learned Additional Public Prosecutor Ms. Jyoti Bhatt appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Page 1 of 6 Uploaded by PARMAR KRISH JAYESH(HC02348) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:36 IST 2026 NEUTRAL CITATION R/CR.MA/9947/2026 ORDER DATED: 13/05/2026 undefined applicant on Regular Bail in connection with FIR being C.R. No.11211057260223 of 2026 registered with Surendranagar City A Division Police Station, District Surendranagar for the offence punishable under Sections 108, 80(2), 85, 54 of BNS, 2023 and under Sections 3, 7 of the Dowry Prohibition Act.

4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. It is further contended that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not Page 2 of 6 Uploaded by PARMAR KRISH JAYESH(HC02348) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:36 IST 2026 NEUTRAL CITATION R/CR.MA/9947/2026 ORDER DATED: 13/05/2026 undefined exercise discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the chargesheet papers. Following aspects are considered:-

i. The applicant is a permanent resident of Surendranagar district, hence would be available at the time of trial; ii. The investigation is over and charge-sheet is filed; iii. There are no criminal antecedents against the applicant; iv. The role of the applicant is akin to that of co-accused Imandevi @Anantdevi and Rajnidevi, who are his wife and daughter respectively, who have been considered for regular bail by the co-ordinate bench, vide order passed in CR.MA No.9911 of 2026 on 08.05.2026.

7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Page 3 of 6 Uploaded by PARMAR KRISH JAYESH(HC02348) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:36 IST 2026 NEUTRAL CITATION R/CR.MA/9947/2026 ORDER DATED: 13/05/2026 undefined Bureau of Investigation reported in [2012] 1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as 11211057260223 of 2026 registered with Surendranagar City A Division Police Station, District Surendranagar on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

[c] surrender his passport, if any, to the trial court within a Page 4 of 6 Uploaded by PARMAR KRISH JAYESH(HC02348) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:36 IST 2026 NEUTRAL CITATION R/CR.MA/9947/2026 ORDER DATED: 13/05/2026 undefined week, and if he does not possess a passport, he shall file an affidavit to that effect;

[d] not leave the State of Gujarat without prior permission of the Competent Court concerned;

[e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;

[f] mark his presence on once a week before the concerned police station for three months;

[g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station.

10. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law.

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NEUTRAL CITATION R/CR.MA/9947/2026 ORDER DATED: 13/05/2026 undefined

11. Bail bond to be executed before the trial court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

12. At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail.

13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(UTKARSH THAKORBHAI DESAI, J) PARMAR KRISH/3 Page 6 of 6 Uploaded by PARMAR KRISH JAYESH(HC02348) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:36 IST 2026