[Cites 8, Cited by 0]
Gujarat High Court
Hasanbhai Idrishbhai Surati vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/1822/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1822
of 2026
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HASANBHAI IDRISHBHAI SURATI
Versus
STATE OF GUJARAT
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Appearance:
MR. ALTAF Y CHARKHA(7271) 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 : 13/05/2026
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.
11184003200347 of 2020 registered with Jetpurpavi Police
Station, Chota Udaipur for the offences punishable under
Sections 406, 409, 420 and 120(B) of the Indian Penal Code.
[2.0] Learned advocate for the applicant submits that the
applicant has nothing to do with the offence. It is submitted that
nothing was recovered from the possession of the present
applicant. 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.
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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. Custodial
interrogation of the applicant is required. 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/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) The allegations levelled against the present applicant are that he
was acting as a power-of-attorney holder and, instead of
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R/CR.MA/1822/2026 ORDER DATED: 13/05/2026
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utilizing the allotted lease area and preventing illegal extraction
of silica, he allegedly transported silica from other places,
thereby causing loss to the Government to the tune of
Rs.43,22,116/-. In this regard, an offence came to be registered
under the provisions of the Gujarat Mineral (Prevention of Illegal
Mining, Transportation and Storage) Rules, 2005 as well as
under the provisions of the IPC.
(3) In quashing proceedings being Criminal Misc. Application
No.13386 of 2020, the applicant was granted protection vide
order dated 13.10.2025 and the offences under the Gujarat
Mineral (Prevention of Illegal Mining, Transportation and
Storage) Rules, 2005 came to be quashed and set aside.
Thereafter, no such incident has been reported against the
present applicant till date.
(4) Except the allegation regarding transportation of silica, there are
no other allegations against the present applicant. Moreover,
there is no material on record to indicate that the applicant had
committed any act of theft or had stolen any mineral.
(5) The applicant has no past antecedent.
(6) No case of custodial interrogation made out by the prosecution.
(7) Now nothing is required to be recovered from the applicant.
[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
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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 FIR being C.R. No.
11184003200347 of 2020 registered with Jetpurpavi Police
Station, Chota Udaipur, 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 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
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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)
ALI
