[Cites 2, Cited by 0]
Gujarat High Court
Bansi Navinchandra Desai vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.MA/3326/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 3326
of 2026
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BANSI NAVINCHANDRA DESAI
Versus
STATE OF GUJARAT
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Appearance:
DINESHKUMAR M CHAUDHARY(8734) for the Applicant(s) No. 1
MR MAUNISH T PATHAK(5892) for the Applicant(s) No. 1
SUNIL H PRAJAPATI(8350) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 22/04/2026
ORAL ORDER
1. 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.
11191039260026 of 2026, registered with the Sabarmati Police
Station, Ahmedabad city for the offences punishable under
Sections 316(2), 318(4), 336(3), 340(2) and 54 of the
Bharatiya Nyaya Sanhita, 2023.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule for respondent - State of Gujarat.
3. Learned advocate for the applicant submits that
the nature of allegations are such that custodial interrogation
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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 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
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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 merits of the case, which may prejudice the
case of accused, should be avoided. However, following
aspects have been taken into consideration :
a) it is alleged by the complainant that accused no.1-Pritesh
Patel had induced the complainant by assuring to arrange
Australia work permit; that during the period from 30.6.2025
to 16.1.2026, the complainant handed over her original
passport and paid Rs.50,000/- in cash as advance and that
fake visitor visas were provided in the entire FIR; it has
been stated that the present applicant acted alongwith the
accused no.1. No specific role and no entrustment is
attributed to the applicant either in the FIR or in the
investigation papers. It has been pointed out by learned APP
that during the investigation, it has been found that accused
no.1 has handed over the original passport to the
complainant at her residence; the role attributed to the
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present applicant is that the complainant tried to contact the
applicant to get the details of Pritesh Patel. Except this no
other role is attributed to the present applicant.
b) Prima facie, there is no role of the applicant;
c) The applicant has no past antecedents;
d) 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 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
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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 01.05.2026 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
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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 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.
(SANJEEV J.THAKER,J)
SRILATHA
