[Cites 6, Cited by 0]
Gujarat High Court
Champaben Sureshbhai Parmar vs State Of Gujarat on 22 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11963/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11963
of 2026
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CHAMPABEN SURESHBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/05/2026
ORAL ORDER
1. Rule, returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
2. By way of the present application under Section Section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
'BNSS'), the applicant - accused has prayed for anticipatory
bail in connection with the FIR bearing
No.11821014251112 of 2025 registered with Dhanpur
Police Station, District: Dahod for the offences punishable
under Sections 65(e), 81, 98(2), 116-B of the Gujarat
Prohibition Act, 1949.
3. Learned advocate for the applicant submits that the nature of
allegations are such for which custodial interrogation at this
stage is not necessary. He further submits that the applicant
will keep herself available during the course of investigation,
trial also and will not flee from justice.
4. Learned advocate for the applicant on instructions states that
NEUTRAL CITATION
R/CR.MA/11963/2026 ORDER DATED: 22/05/2026
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the applicant is ready and willing to abide by all the
conditions including imposition of conditions with regard to
powers of Investigating Agency to file an application before
the competent Court for his remand. He further submit that
upon filing of such application by the Investigating Agency,
the right of applicant accused to oppose such application on
merits may be kept open. Learned advocate, therefore,
submitted that considering the above facts, the applicant may
be granted anticipatory bail.
5. 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.
6. Having heard the learned advocates for the parties and
perusing the material placed on record and taking into
consideration the facts of the case, nature of allegations,
gravity of offences, role attributed to the accused, without
discussing the evidence in detail, at this stage, I am inclined
to grant anticipatory bail to the applicant.
7. This Court has considered following aspects,
(i) the applicant is a lady accused;
(ii) except the allegation that the present applicant was
piloting the vehicle carrying liquor, there are no
other allegations against the her;
(ii) there are no past antecedent reported against the
present applicant;
8. In the facts and circumstances of the present case, since the
custodial interrogation of the applicant is not required, I am
NEUTRAL CITATION
R/CR.MA/11963/2026 ORDER DATED: 22/05/2026
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inclined to consider the case of the applicant.
9. This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Siddharam
Satlingappa Mhetre Vs. State of Maharashtra and Ors.,
reported at [2011] 1 SCC 694, wherein the Hon'ble Apex
Court reiterated the law laid down by the Constitution Bench
in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs.
State of Punjab, reported at (1980) 2 SCC 565.
10. In the result, the present application is allowed. The
applicant is ordered to be released on bail in the event of her
arrest in connection with FIR No.11821014251112 of 2025
registered with Dhanpur Police Station, District: Dahod
on executing a personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) each with one surety each of like amount on
the following conditions :-
(a) shall cooperate with the investigation and make herself
available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
25.05.2026 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 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 residence till the final
disposal of the case till further orders;
NEUTRAL CITATION
R/CR.MA/11963/2026 ORDER DATED: 22/05/2026
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(f) shall not leave India without the permission of the
concerned trial court and if having passport shall
deposit the same before the concerned trial court
within a week;
(g) it would be open to the Investigating Officer to file an
application for remand if she considers it proper and
just and the learned Magistrate would decide it on
merits;
11. At the trial, the concerned trial court shall not be influenced
by the prima facie observations made by this Court in the
present order.
12. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(NIRZAR S. DESAI,J)
PALAK
