[Cites 2, Cited by 0]
Gujarat High Court
Om Prakash Shyamdas Choythani vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/6623/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY
BAIL) NO. 6623 of 2026
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OM PRAKASH SHYAMDAS CHOYTHANI
Versus
STATE OF GUJARAT
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Appearance:
MS. KETKI P JHA(9864) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 23/04/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of
rule for respondent - State of Gujarat.
2. By way of the present successive 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. 11210055241522 of 2024 registered
with Salabatpura Police Station, Surat City for
the alleged offences mentioned in the FIR.
3. Learned advocate Ms. Ketki Jha for the applicant
submits that the nature of allegations are such
for which custodial interrogation at this stage
is not necessary. She further submits that the
NEUTRAL CITATION
R/CR.MA/6623/2026 ORDER DATED: 23/04/2026
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applicant will keep himself available during the
course of investigation and trial also and will
not flee from justice. She further submits that
this is the successive bail application and as
this Court was not inclined to entertain the
earlier application seeking anticipatory bail,
the same was withdrawn. However, the present
successive application is filed on the ground of
change of circumstances. She submits that during
the interregnum period, the co-accused with
identical role has been considered by the
Hon'ble Apex Court. A copy of the said order is
already appended along with the memo of the
application. She submits that in fact at the
time of releasing the co-accused, the Hon'ble
Apex Court has specifically observed that the
issue arose on account of some commercial
transaction and therefore considered the
anticipatory bail application of the co-accused.
She submits that role of the present applicant
is identical to that of the co-accused. Thus,
considering the principle of parity, applicant
may also be enlarged on anticipatory bail by
imposing suitable terms and conditions.
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 the applicant on
anticipatory bail. Learned advocate, therefore,
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R/CR.MA/6623/2026 ORDER DATED: 23/04/2026
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submitted that considering the above facts, the
applicant may be granted anticipatory bail.
5. Learned Additional Public Prosecutor Ms. Vrunda
Shah appearing on behalf of the respondent -
State has objected present application with a
vehemence and submitted that considering the
merit of the case, as the Court was not inclined
to entertain the earlier anticipatory bail
application of the applicant, the same was
withdrawn by the applicant. She submits that
bare perusal of the FIR clearly suggests direct
involvement of the applicant in the commission
of crime and therefore the application is not
required to be entertained by this Hon'ble
Court. However, she has fairly conceded before
this Court that similarly situated person has
already been enlarged on anticipatory bail by
the Hon'ble Apex Court by observing that the
issue pertains to commercial transaction. She,
therefore, submits that appropriate order may be
passed.
6. Having heard the learned advocates appearing for
the parties and perusing the investigation
papers, it is equally 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 Hon'ble Apex Court on the
point. It is well settled that, among other
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R/CR.MA/6623/2026 ORDER DATED: 23/04/2026
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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 similarly situated co-accused with
identical role has been considered by the
Hon'ble Apex Court;
(b) thus, considering the principle of parity,
applicant is also required to be enlarged
on bail;
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.
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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.11210055241522 of 2024
registered with Salabatpura Police Station,
Surat City, the applicant shall be released on
bail on furnishing a personal bond of
Rs.15,000/- (Rupees Fifteen 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 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;
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(e) shall at the time of execution of bond,
furnish the address to the investigating
officer and the court concerned and shall
not change her/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) an 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 person who seeks and is granted
pre-arrest bail;
(h) 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.-
9. At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court while enlarging the applicant on
bail.
10. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
LAVKUMAR J JANI
