R/CR.MA/23241/2025 ORDER DATED: 26/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 23241 of 2025 ========================================================== YOGESHBHAI SURESHBHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance: MS SANGITA M. CHAUHAN(11842) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 26/11/2025 ORAL ORDER 1. Leave to amend. 2. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 3. 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 11206075250853 of 2025 registered with Visnagar Town R/CR.MA/23241/2025 ORDER DATED: 26/11/2025 Police Station, Mehsana for the alleged o6ences as mentioned in the FIR. 4. Ms. Sangita Chauhan, learned advocate for the applicant submits that, a settlement has been arrived at between the original complainant and the applicant and that he has received the amount. She submits that the original complainant has placed on record an a6idavit stating his no objection to the bail being granted. 5. Learned advocate 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 him on anticipatory bail. Learned advocate therefore submitted that, considering the above facts, the applicant may be granted anticipatory bail. 6. The original complainant is present before the court. He has been asked as regards the averments of his a6idavit which he has placed on record to which he a6irms, and has further stated that, he has received the entire amount which he had paid to the applicant – R/CR.MA/23241/2025 ORDER DATED: 26/11/2025 accused, and that, no further dispute remains between them. 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. 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 11206075250853 of 2025 registered with Visnagar Town Police Station, Mehsana, 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: R/CR.MA/23241/2025 ORDER DATED: 26/11/2025 (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 03.12.2025 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 o6icer; (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; R/CR.MA/23241/2025 ORDER DATED: 26/11/2025 (e) shall at the time of execution of bond, furnish the address to the investigating o6icer and the court concerned and shall not change his residence till the Anal 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) 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 inBuence outcome of the investigation or trial, etc.- 9. It is made clear that, 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 applicant who has been granted pre- R/CR.MA/23241/2025 ORDER DATED: 26/11/2025 arrest bail. 10. During the trial, the Trial Court shall not be inBuenced by the prima facie observations made by this Court while enlarging the applicant on bail. 11. Rule is made absolute to the aforesaid extent. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) DIVYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 26/11/2025 17:59:21