Single judge of the Gujarat High Court allowed an application for anticipatory bail under Section 435 BNSS read with Section 482 BNSS, directing release on a personal bond of Rs.10,000 with one surety.
Application allowed; bail granted on personal bond of Rs.10,000 with one surety subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/18176/2026 (GJHC240573312026) ORDER DATED: 03/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18176 of 2026
========================================================== VISHAL JAYSUKHBHAI PATEL & ANR.
Versus STATE OF GUJARAT
==========================================================
Appearance:
MR AMIT K DAVE(5860) for the Applicant(s) No. 1,2 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 03/09/2026
ORAL ORDER
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R/CR.MA/18176/2026 (GJHC240573312026) ORDER DATED: 03/09/2026
this stage is not necessary. It is further submitted that the applicants will keep themselves available during the course of investigation and trial also and will not flee from justice.
3.1 The learned advocate for the applicants further states that the applicants shall abide by all the conditions that may be imposed while granting anticipatory bail to the applicants. Accordingly, it is urged that this application may be allowed and to grant the anticipatory bail to the applicants.
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R/CR.MA/18176/2026 (GJHC240573312026) ORDER DATED: 03/09/2026
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 merits of the case, which may prejudice the case of accused, should be avoided. However, prima facie, following aspects have been taken into consideration:
a) the role attributed to the present applicant is of receiving an amount of Rs.9,11,000/- and having not returned the said amount; and that the fact remains that the investigating agency has not been able to prima facie show that the said amount was paid to the applicant;
d) the learned advocate for the applicants has assured that the applicants will not flee from justice and would be available during investigation as well as the trial.
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R/CR.MA/18176/2026 (GJHC240573312026) ORDER DATED: 03/09/2026
Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Others, 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, the Court is inclined to allow the present application.
(a) shall cooperate with the investigation and make available for interrogation whenever required;
(b) 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;
(c) shall not obstruct or hamper the police investigation and not to play mischief with the evidence
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R/CR.MA/18176/2026 (GJHC240573312026) ORDER DATED: 03/09/2026
collected or yet to be collected by the police;
(d) shall remain present at the concerned Police Station on 10.09.2026 between 11.00 a.m. and 2.00 p.m.;
(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;
(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) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) of the BNSS 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.
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R/CR.MA/18176/2026 (GJHC240573312026) ORDER DATED: 03/09/2026
(SANJEEV J.THAKER,J)
M.H. DAVE/115
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/09/2026 16:00:01
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1 issue framed by the court
Whether anticipatory bail should be granted to the applicants in FIR C.R. No.11210048260535 of 2026 for offences under the BNS.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraRelied on¶28
(2011) 1 SCC 694 · Who else cites this
Shri Gurubaksh Singh Sibbia & OthersRelied on¶28
(1980) 2 SCC 665 · Who else cites this
Sushila Aggarwal v. State (NCT of Delhi)Relied on¶28
(2020) 5 SCC 1 · Who else cites this
2 provisions across 1 enactments
VISHAL JAYSUKHBHAI PATEL & ANR.
STATE OF GUJARAT
SANJEEV J.THAKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
