[Cites 7, Cited by 0]
Gujarat High Court
Khodabhai Raghavbhai Makwana vs State Of Gujarat on 25 March, 2026
NEUTRAL CITATION
R/CR.MA/7051/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7051
of 2026
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KHODABHAI RAGHAVBHAI MAKWANA & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAJGIRI M GAUSWAMI(13675) for the Applicant(s) No. 1
MR NISHITH P THAKKAR(2836) for the Applicant(s) No. 1,2,3,4,5,6
MR. YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 25/03/2026
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. 11211031260059 of 2026, registered
with Limbdi Police Station, District: Surendranagar for the offences
alleged therein.
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 also
NEUTRAL CITATION
R/CR.MA/7051/2026 ORDER DATED: 25/03/2026
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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 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
NEUTRAL CITATION
R/CR.MA/7051/2026 ORDER DATED: 25/03/2026
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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) the allegations in the FIR reveals to allege offence of abortion
for which there is no material on record nor complainant has given
any document to the effect that abortion was carried out. Allegations
are vague in nature. No specific allegations of physical or mental
cruelty are stated in the FIR. The report of the support center speaks
that the parties have gathered for compromise pursuant to the
application given by the Anitaben dated 23.12.2025, and before that
FIR was came to be lodged by the present applicant No.3 Madhuben
Khodabhai Makwana with regards to scuffle pursuant to the talks of
settlement between the parties. It transpires that the entire family has
been dragged into the alleged offence which is punishable under
Sections 498 of the IPC (Section 85 of the BNS), however no
evidence worth name is placed on record as far as Section 313 of the
IPC (Section 89 of the BNS) is concerned.
b) the applicants have no past antecedents;
c) the learned advocate for the applicants has 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
NEUTRAL CITATION
R/CR.MA/7051/2026 ORDER DATED: 25/03/2026
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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 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)
each with one surety of like amount each 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 remain present at the concerned Police Station on
07.04.2026 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;
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R/CR.MA/7051/2026 ORDER DATED: 25/03/2026
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(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
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 are granted pre-arrest bail.
9. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(P. M. RAVAL, J)
NITIN MAKWANA
