[Cites 2, Cited by 0]
Gujarat High Court
Parulben Kiranbhai Chauhan vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.MA/26458/2025 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY
BAIL) NO. 26458 of 2025
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PARULBEN KIRANBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 22/04/2026
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.11191048250836 of 2025 registered with Sarkhej Police
Station 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 interrogation at
this stage is not necessary. He further submits that, the
NEUTRAL CITATION
R/CR.MA/26458/2025 ORDER DATED: 22/04/2026
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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 her 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. On perusing the investigation papers, the following aspects
are considered:-
i. The applicant is the wife of the main accused Kiranbhai
Chandrakantbhai Chauhan;
ii. The applicant has two antecedents of similar nature;
iii. The allegations against the applicant are general in
nature;
iv. There does not appear to be any evidence as regards
the applicant having received any money from any of
NEUTRAL CITATION
R/CR.MA/26458/2025 ORDER DATED: 22/04/2026
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the clients for applying for work permit in
Luxmerbourg.
v. The applicant has co-operated with the investigation
process.
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
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.11191048250836 of 2025
registered with Sarkhej Police Station, the applicant shall
be released on bail on furnishing a personal bond of
Rs.25,000/- (Rupees Twenty Five Thousand Only) with one
NEUTRAL CITATION
R/CR.MA/26458/2025 ORDER DATED: 22/04/2026
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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 remain present at the concerned Police Station
on 30.04.2026 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 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 the
address to the investigating officer and the court
concerned and shall not change his 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) 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.-
NEUTRAL CITATION
R/CR.MA/26458/2025 ORDER DATED: 22/04/2026
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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)
ANIRUDH OJHA
