Citation : 2026 Latest Caselaw 3346 Guj
Judgement Date : 8 May, 2026
NEUTRAL CITATION
R/CR.MA/10521/2026 ORDER DATED: 08/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 10521
of 2026
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VANSH ALPESHKUMAR JARIWALA
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR.BHASH H MANKAD(6258) for the Respondent(s) No. 1
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 08/05/2026
ORAL ORDER
1. Heard learned Advocate Mr. K.H. Daiya for the applicants and
learned advocate Mr. B.H. Mankad for the respondent no.1 and
learned Additional Public Prosecutor Ms. Divyangna Jhala on behalf
of the respondent-State.
2. Rule. Learned APP Ms. Divyangna Jhala waives service of rule
on behalf of the respondent-State.
3. The present applicant having been arraigned as accused in the
NEUTRAL CITATION
R/CR.MA/10521/2026 ORDER DATED: 08/05/2026
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FIR bearing C.R. No.11210060260435/2026 registered with Varachha
Police Station, Surat for the offences punishable under Sections
316(5), 61 of the BNS Act, 2023, has approached this Court inter
alia seeking for anticipatory bail.
4. Learned advocate Mr. B.H. Mankad submits that a financial
settlement has taken place between the complainant and the
accused and the affidavit dated 08.05.2026 has been handed over
where, it is observed in para 3 as under:
" 3. I say and submit that in view of this amicable settlement I have no objection if this Hon'ble Court be pleased to release the present petitioner on anticipatory bail. I am filing this affidavit on my free will and wish without there being any undue threats or pressure."
5. On the other hand, learned APP Ms. Divyangna Jhala
vehemently opposed grant of anticipatory bail on the ground that
there are at least ten antecedents against the father of the
applicant.
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R/CR.MA/10521/2026 ORDER DATED: 08/05/2026
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6. The aforesaid objection taken on the part of learned APP Ms.
Divyangna Jhala is rejected on the ground that no antecedents on
the part of the applicant could be pointed out and merely because
the father of the applicant has a chequered history that would not,
ipso facto, impel this Court to reject this application, more
particularly, in view of the affidavit provided by the complainant
himself. Resultantly, the present application is allowed.
7. In this view of the matter and considering the law laid down
by the Hon'ble Apex Court in the case of Siddharam Satlingappa
Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC
694, this Court is inclined to consider this application.
8. In the result, the present application is allowed by directing
that in the event of applicant herein being arrested pursuant to the
FIR No. C.R. No. No.11210060260435/2026 registered with
Varachha Police Station, Surat, the applicant shall be released on
bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand only) each with one surety of like amount, on the
NEUTRAL CITATION
R/CR.MA/10521/2026 ORDER DATED: 08/05/2026
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following conditions:
(a) shall cooperate with the investigation and make themselves
available for interrogation whenever required;
(b) shall remain appear before the Investigating Officer on
14.05.2026 between 11:00 a.m. and 2:00 p.m.;
(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 them 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 their residence till the final disposal of the case or till
further orders;
(f) shall not leave India without the permission of the Court and,
if having passports shall surrender the same before the Trial Court
within a week.
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R/CR.MA/10521/2026 ORDER DATED: 08/05/2026
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(g) shall mark his presence once a month for a period of three
months before the concerned police station.
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. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(D.N.RAY,J) PD
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