[Cites 10, Cited by 0]
Gujarat High Court
Shaileshbhai Mohanbhai Baria vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/8406/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8406
of 2026
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SHAILESHBHAI MOHANBHAI BARIA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/05/2026
ORDER
Though served, none appears for respondent no.2.
[1.0] 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. 11821035220235 of 2022
registered with Limkheda Police Station, District Dahod, for the
offences punishable under Sections 363, 366, 376(2) (n) and 114 of the
Indian Penal Code, 1860 and under Sections 4, 6, 8 and 17 of the
Protection of Children from Sexual Offences Act, 2012.
[2.0] Learned advocate for the applicant submits that the main accused
and victim were having love relation and even the victim is residing with
the main accused and the present applicant have nothing to do with the
relation. He submits that the present applicant being a relative of the main
accused and he has been wrongly arraigned as an accused. He submits
that the only allegation is levelled against the present applicant is that the
NEUTRAL CITATION
R/CR.MA/8406/2026 ORDER DATED: 11/05/2026
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present applicant, who happens to be the uncle of accused no.1, has
abducted the victim offering lift on the motorcycle. Further, the applicant
is not having any past antecedent. Therefore, custodial interrogation at
this stage is not necessary. Besides, the applicant is available during the
course of investigation and will not flee from justice. In view of the
above, the applicant may be granted anticipatory bail.
[3.0] 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. Hence, he has requested to dismiss the
present application.
[4.0] Having heard the learned advocate 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 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.
NEUTRAL CITATION
R/CR.MA/8406/2026 ORDER DATED: 11/05/2026
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(1) Offence is not punishable with life imprisonment or death penalty;
(2) A bare perusal of the complaint reveals that present applicant, who
happens to be the uncle of accused no.1 has abducted the victim
offering lift on the motorcycle to the victim. Except this, no
allegation is levelled against the present applicant. The allegation
against the present applicant is that he has only facilitated and
abeted in the offence. Whatever the allegation of sexual assault qua
main accused.
(3) Applicant is also not named in the FIR.
(4) Applicant is not having any past antecedent;
(5) No case of custodial interrogation made out by the prosecution.
[5.0] 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.
[6.0] 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. 11821035220235 of 2022 registered with Limkheda
Police Station, District Dahod, the applicant shall be released on bail on
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R/CR.MA/8406/2026 ORDER DATED: 11/05/2026
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furnishing a personal bond of Rs.10,000/- (Rupees Ten 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
25/05/2026 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 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
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R/CR.MA/8406/2026 ORDER DATED: 11/05/2026
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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 439(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.-
[7.0] 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.
[8.0] Rule is made absolute to the aforesaid extent. Application is
disposed of accordingly. Direct service is permitted.
Sd/-
(HASMUKH D. SUTHAR,J)
ABHISHEK/58
