Gujarat High Court
Chunara Niruben Bababhai vs State Of Gujarat on 22 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11954/2026 ORDER DATED: 22/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11954
of 2026
================================================================
CHUNARA NIRUBEN BABABHAI
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MR. DHRUV B. OZA(19761) for the Applicant(s) No. 1
MR ROHAN RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/05/2026
ORAL ORDER
1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent - State.
2. Heard learned advocate for the applicant and learned APP for the respondent - State.
3. By way of the present application under Section Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing No.11191016260038 of 2026 registered with Paldi Police Station, Ahmedabad City for the offences punishable under Sections 316(2), 318(4), 61, 54 etc. of the Bharatiya Nyay Sanhita, 2023.
4. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this Page 1 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:45 IST 2026 NEUTRAL CITATION R/CR.MA/11954/2026 ORDER DATED: 22/05/2026 undefined stage is not necessary. He further submits that the applicant will keep herself available during the course of investigation, trial also and will not flee from justice.
5. 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.
6. 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.
7. 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.
8. This Court has considered following aspects,
(i) the applicant is a lady accused aged about 65 years;
(ii) the dispute prima facie, seems to be of civil nature;
(iii) though it is alleged that a sum of Rs.11,00,000/- has Page 2 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:45 IST 2026 NEUTRAL CITATION R/CR.MA/11954/2026 ORDER DATED: 22/05/2026 undefined been received by the present applicant in cash, the original complainant could not even provide for the receipt of the aforesaid sum of Rs.11,00,000/- to the IO and therefore, today there is no material about any amount received by the present applicant;
(iv) it is alleged that an amount of Rs.65,00,000/- were paid through RTGS to one Mr. Parth Gohil but, the present applicant has not received any amount till today, as per the case of the IO;
(v) there are no past antecedents recorded against the present applicant;
9. 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.
10. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam 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.
11. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of her arrest in connection with FIR No.11191016260038 of 2026 registered with Paldi Police Station, Ahmedabad City on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety each of like amount on the following conditions :-
(a) shall cooperate with the investigation and make herself available for interrogation whenever required;Page 3 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:45 IST 2026
NEUTRAL CITATION R/CR.MA/11954/2026 ORDER DATED: 22/05/2026 undefined
(b) shall remain present at concerned Police Station on 26.05.2026 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 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 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;
(g) it would be open to the Investigating Officer to file an application for remand if she considers it proper and just and the learned Magistrate would decide it on merits;
12. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
13. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIRZAR S. DESAI,J) Dolly Page 4 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:45 IST 2026