[Cites 4, Cited by 0]
Gujarat High Court
Kajal Gaurangbhai Mehta vs State Of Gujarat on 9 April, 2026
NEUTRAL CITATION
R/CR.MA/7929/2026 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7929
of 2026
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KAJAL GAURANGBHAI MEHTA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1,2
MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 09/04/2026
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 applicants
have prayed for anticipatory bail in the event of arrest in
connection with the FIR being C.R. No. 11200045252345 of 2025,
registered with Umargam Police Station, District: Valsad for the
offences punishable under Sections 3 & 4 of the Gujarat Land
Grabbing (Prohibition) Act, 2020.
3. Learned advocate for the applicants submits that the nature
of allegations are such that custodial interrogation at this stage is
not necessary. It is further submitted that the applicants will keep
themselves available during the course of investigation and trial
NEUTRAL CITATION
R/CR.MA/7929/2026 ORDER DATED: 09/04/2026
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and will not flee from justice.
3.1 The learned advocate for the applicants further states that
the applicants shall abide by all the conditions that may be
imposed while granting anticipatory bail to the applicants.
Accordingly, it is urged that this application may be allowed and
to grant the anticipatory bail to the applicants.
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 perused 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 applicants
including the fact as to whether they have previously undergone
imprisonment on conviction by a Court in respect of any
cognizable offence; (iii) the possibility of the applicants to flee from
justice; and (iv) where the accusation has been made with the
object of injuring or humiliating the applicants by having them so
NEUTRAL CITATION
R/CR.MA/7929/2026 ORDER DATED: 09/04/2026
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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) The suit was filed by the present applicants in the year 2023.
Thereafter, an application bearing No. 111/2023 dated 20.06.2023 was
preferred before the concerned police station, which culminated in the
registration of an FIR in the year 2025.
b) Pursuant to the filing of the FIR, the present applicants have
withdrawn the suit. Even while rejecting the anticipatory bail application,
the learned Sessions Judge recorded that the complainant had no
objection if anticipatory bail was granted. It clearly transpires that the
dispute is civil in nature and the parties have amicably settled the same.
In view of the aforesaid, anticipatory bail is granted.
c) the applicants have no past antecedents;
d) the learned advocate for the applicants have assured that the
applicants 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
NEUTRAL CITATION
R/CR.MA/7929/2026 ORDER DATED: 09/04/2026
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application.
7. In the result, this application is allowed by directing that in
the event of arrest/ appearance of the applicants in connection
with the above-referred FIR, the applicants shall be released on
bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand) with one surety each of the like amount on the
following conditions that applicants:
(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 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;
(e) 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;
(f) 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
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during investigation, evasion, intimidation or inducement to
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
applicants who is granted pre-arrest bail.
9. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(P. M. RAVAL, J)
MOHD SAIF ULLAH
