Gujarat High Court
Ratanben Kalubhai Parmar (Ratanben W/O … vs State Of Gujarat on 26 May, 2026
NEUTRAL CITATION
R/CR.MA/12078/2026 ORDER DATED: 26/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 12078
of 2026
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RATANBEN KALUBHAI PARMAR (RATANBEN W/O KALUBHAI
MOHANBHAI PARMAR)
Versus
STATE OF GUJARAT
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Appearance:
MR DEVANSH KAKKAD FOR MR LAXMANSINH M ZALA(5787) for the
Applicant(s) No. 1
MR RONAK RAVAL, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 26/05/2026
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.11189001260235 of 2026 registered with Halwad
Police Station, District: Morbi for the alleged offences as
mentioned in the FIR.
3. Learned advocate Mr. Kakkad for the applicant has
submitted that, the applicant is not involved in
commission of offence as alleged in the FIR and
therefore, looking to the role of the applicant and nature
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NEUTRAL CITATION
R/CR.MA/12078/2026 ORDER DATED: 26/05/2026
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of the allegations, the applicant is required to be
enlarged on anticipatory bail by imposing suitable terms
and conditions.
4. On the other hand, learned APP appearing for the
respondent – State vehemently submits that, the
offences, which have been charged, are serious in nature
affecting the society at large and looking to the facts as
well as the allegations made against the applicant, no
discretion would be required to be exercised.
5. 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
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.
6. This Court has considered the following aspects.
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R/CR.MA/12078/2026 ORDER DATED: 26/05/2026
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(A) That the applicant is a lady accused and, as per
the allegations, she was accompanying accused
Nos.1 and 3; however, no specific role is attributed
to the present applicant;
(B) That the applicant is aged about 51 years;
(C) That it is reported that a cross FIR has been
lodged at the instance of the applicant, wherein the
offence punishable under Section 302 has been
added against the complainant herein on account of
the death of the husband of the applicant;
(D) That no criminal antecedents are reported
against the applicant.
7. 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.
8. 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.
11189001260235 of 2026 registered with Halwad Police
Station, District: Morbi, the applicant shall be released on
bail on furnishing a personal bond of Rs.10,000/- (Rupees
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R/CR.MA/12078/2026 ORDER DATED: 26/05/2026
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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
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R/CR.MA/12078/2026 ORDER DATED: 26/05/2026
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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(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.
9. 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.
10. Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J)
M.M.MIRZA
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