Gujarat High Court
Anamika D/O Arvindbhai Kugasiya vs State Of Gujarat on 22 May, 2026
NEUTRAL CITATION
R/CR.MA/39/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 39 of
2026
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ANAMIKA D/O ARVINDBHAI KUGASIYA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR PRADIP J PATEL(5896) for the Applicant(s) No. 1,2
MR. UTKARSH SHARMA, ADDITIONALPUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 22/05/2026
ORAL ORDER
1. By way of the present application under Section 482 of BNSS Act, the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing No. 11187002250448 of 2025 registered with Balasinor Police Station, District- Mahisagar, for the offences punishable under Sections 54 and 108 of the BNS.
2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.
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3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
4. 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.
5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.
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6. This Court has considered following aspects,
(i) The present applicants - original accused Nos.4 and 6 are the relatives and stated to be residing in Rajasthan.
(ii) Allegations against the present applicants are, prima facie, general and bald in nature.
(iii) Prima facie, it appears that because there is a strange relationship between the two families, the attempt appears to have been made to implicate all the relatives of the present accused.
(iv) Considering the fact that the Coordinate Bench of this Court although granted regular bail to one of the accused namely, Alpeshbhai Chandulal Parmar i.e. accused No.7, however, the present applicant being a lady and not made any active participation and/or no specific role against them, the application deserves to be considered.
7. In the facts and circumstances of the present case, since the custodial interrogation of the applicant is not required, I am inclined to consider the case of the applicant.
8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Page 3 of 6 Uploaded by NIHAL PATEL(HC02355) on Fri May 22 2026 Downloaded on : Sat May 23 00:06:30 IST 2026 NEUTRAL CITATION R/CR.MA/39/2026 ORDER DATED: 22/05/2026 undefined Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.
9. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with FIR bearing No. 11187002250448 of 2025 registered with Balasinor Police Station, District- Mahisagar on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety each of like amount on the following conditions:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 29.05.2026 between 11.00 a.m. and 2.00 p.m.;
(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 him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and Page 4 of 6 Uploaded by NIHAL PATEL(HC02355) on Fri May 22 2026 Downloaded on : Sat May 23 00:06:30 IST 2026 NEUTRAL CITATION R/CR.MA/39/2026 ORDER DATED: 22/05/2026 undefined 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 residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;
10. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused Page 5 of 6 Uploaded by NIHAL PATEL(HC02355) on Fri May 22 2026 Downloaded on : Sat May 23 00:06:30 IST 2026 NEUTRAL CITATION R/CR.MA/39/2026 ORDER DATED: 22/05/2026 undefined to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
11. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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