[Cites 2, Cited by 0]
Gujarat High Court
Nareshbhai Harjibhai Khasiya vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY
BAIL) NO. 5475 of 2026
==========================================================
NARESHBHAI HARJIBHAI KHASIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KAIVAL D PATEL(13892) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 01/04/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
respondent - State of Gujarat.
2. By way of the present application under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
"BNSS"), the applicant has prayed for anticipatory bail in
the event of arrest in connection with the FIR being C.R.
No.11198015250379 of 2025 registered with Bortalav
Police Station, District: Bhavnagar for the alleged
offences as mentioned in the FIR.
3. Learned advocate for the applicant submits that, the
nature of allegations are such for which, custodial
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
interrogation at this stage is not necessary. He further
submits that, the applicant will keep himself available
during the course of investigation and the trial, and will
not flee from justice.
4. Learned advocate for the applicant on instructions
states that, the applicant is ready and willing to abide by
all the conditions that may be imposed while releasing
him on anticipatory bail. Learned advocate therefore
submitted that, considering the above facts, the applicant
may be granted anticipatory bail.
5. 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.
6. Having heard the learned advocates appearing for the
parties and perusing the investigation papers, it is
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
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
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 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.
(A) The applicant is a permanent resident of
Ahmedabad district, hence would be available at the
time of trial;.
(B) There are no criminal antecedents against the
applicant.
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
(C) As per the prosecution case it was co-accused
Mahavirsinh Gohil who had prepared the forged
documents which were handed over to co-accused
Ravirajsinh, who in-turn had destroyed the said
documents.
(D) The applicant has not received any benefit
either in cash or in kind, for the said transaction.
(E) No recovery or discovery is to be effected from
the present applicant.
(F) The applicant had neither forged nor destroyed
any such documents.
7. 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
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
application.
8. 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.11198015250379 of 2025 registered with Bortalav
Police Station, District: Bhavnagar, the applicant shall be
released on bail on furnishing a personal bond of
Rs.25,000/- (Rupees Twenty Five Thousand Only) with
one surety of like amount on the following conditions that
applicant:
(a) shall cooperate with the investigation and make
himself available for interrogation whenever required;
(b) shall make his presence at the concerned Police
Station once every two weeks for one year 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
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
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 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 his
residential address to the investigating officer and the
court concerned and shall not change his residence till
the final disposal of the case;
(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, and if not then he
shall file an affidavit to that effect;
(g) 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 terms, such as absconding, non-cooperating during
investigation, evasion, intimidation or inducement to
witnesses with a view to influence outcome of the
NEUTRAL CITATION
R/CR.MA/5475/2026 ORDER DATED: 01/04/2026
undefined
investigation or trial, etc.-
9. It is made clear that, 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 applicant who has been granted pre-
arrest bail.
10. During the trial, the Trial Court shall not be
influenced by the prima facie observations made by this
Court while enlarging the applicant on bail.
11. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
