[Cites 4, Cited by 0]
Gujarat High Court
Mukeshkumar Devalal Khatik vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/21815/2025 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.
21815 of 2025
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MUKESHKUMAR DEVALAL KHATIK
Versus
STATE OF GUJARAT
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Appearance:
MR. ABHISHEK A JOSHI(6768) 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
[1] 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.
11188007250510 of 2025 registered with Meghraj Police
Station, Aravalli, for the offences punishable under Sections
65(a) and 65(e) of the Prohibition Act.
[2] Learned advocate for the applicant submits that the
applicant is an innocent and has been falsely implicated with
ulterior motive and applicant has no 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
NEUTRAL CITATION
R/CR.MA/21815/2025 ORDER DATED: 12/05/2026
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be granted anticipatory bail.
[3] 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. Custodial
interrogation of the applicant is required. Hence, she has
requested to dismiss the present application.
[4] 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.
NEUTRAL CITATION
R/CR.MA/21815/2025 ORDER DATED: 12/05/2026
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(1) Offence is not punishable with life imprisonment or death
penalty;
(2) Applicant has no 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] 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] In the result, the present application is allowed by
directing that in the event of arrest of the applicant in
connection with FIR being C.R. No. 11188007250510 of
2025 registered with Meghraj Police Station, Aravalli, 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:
NEUTRAL CITATION
R/CR.MA/21815/2025 ORDER DATED: 12/05/2026
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(a) shall cooperate with the investigation and make
herself available for interrogation whenever
required;
(b) shall remain present at the concerned Police Station
on 18.05.2026 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 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;
(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.-
NEUTRAL CITATION
R/CR.MA/21815/2025 ORDER DATED: 12/05/2026
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[7] 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] Rule is made absolute to the aforesaid extent. Application
is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR, J.)
DHARMENDRA KUMAR
