[Cites 6, Cited by 0]
Gujarat High Court
Javedbhai Ismailbhai Shaikh vs State Of Gujarat on 7 April, 2026
NEUTRAL CITATION
R/CR.MA/27283/2025 ORDER DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 27283
of 2025
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JAVEDBHAI ISMAILBHAI SHAIKH
Versus
STATE OF GUJARAT
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1
MR. PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 07/04/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of
notice of rule for respondent - State of Gujarat.
2. By way of this 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. 11993004250822 of 2025, registered
with Bhachau Police Station, District: Kutch for the offences
punishable under Section 316(3) of the Bharatiya Nyaya Sanhita,
2023.
3. Learned advocate for the applicant submits that the nature of
allegations are such that custodial interrogation at this stage is not
necessary. It is further submitted that the applicant will keep himself
available during the course of investigation and trial also and will
NEUTRAL CITATION
R/CR.MA/27283/2025 ORDER DATED: 07/04/2026
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not flee from justice.
3.1 The learned advocate for the applicant further states that the
applicant shall abide by all the conditions that may be imposed while
granting anticipatory bail to the applicant. Accordingly, it is urged
that this application may be allowed and to grant the anticipatory
bail to the applicant.
4. As against this, the 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 and
requested not to entertain this application.
5. Having heard the learned advocates appearing for the parties
and perusing the papers available on record, it is incumbent upon the
Court to exercise its discretion judiciously, cautiously and strictly in
compliance with the basic principles laid down in plethora of
decisions of the 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
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R/CR.MA/27283/2025 ORDER DATED: 07/04/2026
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the applicant by having him so arrested. Though at the stage of
granting bail an elaborate examination of evidence and detailed
reasons touching the merits of the case, which may prejudice the
case of accused, should be avoided. However, following aspects
have been taken into consideration:
a) name of the present applicant surfaces from the record to the
effect of having purchase the goods from the driver, thus his name is
surface on record by way of the statement of the co-accused; his
name is not reflecting in the FIR; though one case is registered
against the present applicant at Siddhpur Police Station with regards
to the offence punishable under Sections 406, 420 and 114 of the
IPC, however, the applicant is awaiting for trail;
b) the learned advocate for the applicant has assured that the
applicant will not flee from justice and would be available during
investigation as well as the trial.
6. Considering the aforesaid aspects and the law laid down by the
Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre
v. State of Maharashtra and Others, 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 & Others, 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, the Court is inclined to allow the
present application.
7. In the result, this application is allowed by directing that in the
NEUTRAL CITATION
R/CR.MA/27283/2025 ORDER DATED: 07/04/2026
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event of arrest/appearance of the applicant in connection with the
above-referred FIR, the applicant shall be released on bail on
furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand)
with one surety of like amount on the following conditions that
applicant:
(a) shall cooperate with the investigation and make
available for interrogation whenever required;
(b) 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;
(c) 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;
(d) shall remain present at the concerned Police Station on
10.04.2026 between 11.00 a.m. and 2.00 p.m.;
(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 Court
and if having passport shall deposit the same before the trial
Court within a week;
(g) It is open to the police or the investigating agency to
move the learned trial Court for a direction under Section
483(2) of the BNSS to arrest the accused, in the event of
violation of any term, such as absconding, non-cooperating
during investigation, evasion, intimidation or inducement to
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witnesses with a view to influence outcome of the
investigation or trial, etc.
7.1 At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while considering the
bail application.
8. It is made clear that this 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 is granted pre-arrest bail.
9. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(P. M. RAVAL, J)
NITIN MAKWANA
