Chiragbhai Sureshbhai Vasava vs State Of Gujarat on 25 May, 2026

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    Gujarat High Court

    Chiragbhai Sureshbhai Vasava vs State Of Gujarat on 25 May, 2026

                                                                                                           NEUTRAL CITATION
    
    
    
    
                                R/CR.MA/11486/2026                            ORDER DATED: 25/05/2026
    
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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                           R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11486
                                                      of 2026
                           ==========================================================
                                                     CHIRAGBHAI SURESHBHAI VASAVA
                                                                 Versus
                                                           STATE OF GUJARAT
                           ==========================================================
                           Appearance:
                           JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
                           MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
                           No. 1
                           ==========================================================
                             CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                                              Date : 25/05/2026
                                               ORAL ORDER

    1. Rule. Learned APP waives service of notice of rule for
    respondent – State of Gujarat.

    2. By way of the present application under Section 482 of
    the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
    “BNSS”), the applicant has prayed for anticipatory bail in
    the event of arrest in connection with the FIR being C.R.
    No. 11823017260582 of 2026 registered with Rajpipla
    Police Station, District: Narmada for the alleged offences
    as mentioned in the FIR.

    SPONSORED

    3. Learned advocate Mr. Jaydeep Sindhi submits that a
    minor scuffle had taken place on the issue of writing the
    complainant’s name on the invitation card and, as per
    the allegations, the applicant had given kick and fist
    blows, which resulted in the breaking of one tooth. It is
    submitted by learned advocate Mr. Sindhi that the
    applicant does not have any criminal antecedents and
    that no serious injuries have been caused to the
    complainant.

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    NEUTRAL CITATION

    R/CR.MA/11486/2026 ORDER DATED: 25/05/2026

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    4. Learned advocate Mr. Sindhi 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 himself available
    during the course of investigation, trial also and will not
    flee from justice.

    5. Learned advocate Mr. Sindhi for the applicant on
    instructions states that the applicant is ready and willing
    to abide by all the conditions that may be imposed while
    releasing the applicant on anticipatory bail. Learned
    advocate, therefore, submitted that considering the
    above facts, the applicant may be granted anticipatory
    bail by imposing suitable terms and conditions.

    6. Learned APP Mr.Ronak Raval has opposed the
    anticipatory bail.

    7. Having heard the learned advocates appearing 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

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    NEUTRAL CITATION

    R/CR.MA/11486/2026 ORDER DATED: 25/05/2026

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    applicant by having him 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.

    8. This Court has considered the following aspects.

    (a) That the dispute arose with regard to writing the
    name of the complainant in the marriage invitation
    card without his permission;

    (b) That, as per the allegations, the fist blow was given
    by the applicant, namely, Chirag Vasava, resulting
    in the broken of one tooth;

    (c) That it is reported by the learned APP that the
    applicant does not have any criminal antecedents.

    9. 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.

    10. 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.
    11823017260582 of 2026 registered with Rajpipla Police
    Station, District: Narmada, the applicant shall be released

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    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
    himself available for interrogation whenever required;

    (b) shall remain present at the concerned Police Station
    on 29.05.2026 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 him 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

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    to move the learned trial Court for a direction under
    Section 483(3) 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.

    (i) the applicant shall not enter into the territory of the
    Rajpipla Police Station, till conclusion of the investigation.

    11. 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.

    12. Rule is made absolute to the aforesaid extent.

    (M. K. THAKKER,J)
    M.M.MIRZA

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