[Cites 2, Cited by 0]
Gujarat High Court
Pathan Babukhan Bechubhai vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/9902/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9902
of 2026
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PATHAN BABUKHAN BECHUBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR ANIQ A KADRI(11256) for the Applicant(s) No. 1
MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/05/2026
ORDER
RULE. Learned APP waives service of notice of Rule for and on behalf of the
respondent No.1 - State of Gujarat.
[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
to release on anticipatory bail in the event of arrest in connection with the
FIR being C.R. No. 11191048260082 of 2026 registered with Sarkhej
Police Station, Ahmedabad, for the offences punishable under Sections
117(2), 296 and 254 of BNS and subsequently added Sections 109, 85, 74
and 115(2) of BNS.
[2.0] Learned advocate for the applicant submits that the applicant has
nothing to do with the offence. Initially the applicant was not named in the
FIR but based on the statement of the co-accused, he has been arraigned as
an accused. The applicant is senior citizen and very much available as and
when his presence is required and is ready and willing to cooperate with the
investigation. 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.
NEUTRAL CITATION
R/CR.MA/9902/2026 ORDER DATED: 12/05/2026
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[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. The applicant used to torture and cause
mental harassment to the victim. Therefore, she 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/
her 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.
(1) Offence is not punishable with life imprisonment or death penalty;
(2) Applicant is senior citizen and not having any past antecedent;
(3) No case of custodial interrogation made out by the prosecution.
(4) Now nothing is required to be recovered from the applicant.
(5) Except causing mental harassment and torture, no specific role is
attributed to the applicant.
(6) No past antecedent.
(7) Based on the statement of the co-accused, he has been arraigned as
an accused.
NEUTRAL CITATION
R/CR.MA/9902/2026 ORDER DATED: 12/05/2026
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[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. 11191048260082 of 2026 registered with Sarkhej Police
Station, Ahmedabad, the applicant shall be released on bail on 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 herself
available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on
25/05/2025 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 her 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;
NEUTRAL CITATION
R/CR.MA/9902/2026 ORDER DATED: 12/05/2026
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(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.-
[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.
(HASMUKH D. SUTHAR,J)
SUCHIT
