R/CR.MA/21903/2025 ORDER DATED: 07/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 21903 of 2025 ========================================================== JASHUBEN W/O RAJUBHAI ALGOTAR & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HRIDAY BUCH(2372) for the Applicant(s) No. 1,2 MR TIRTHRAJ PANDYA, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 07/11/2025 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 applicants have prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No.11211040250308 of 2025 registered with Panshina Police Station, Surendranagar for the alleged o1ences as mentioned in the FIR. 3. Learned advocate for the applicant places on record an a1idavit 3led by the respondent no. 2 – original complainant wherein the original complainant has R/CR.MA/21903/2025 ORDER DATED: 07/11/2025 stated that the dispute has been amicably settled and there is no objection if the applicants are released on bail. He has also placed an order of the co-ordinate bench passed on 11.10.2025 in Cr. Misc. Application No. 21811 of 2025 by which the main accused has been released on regular bail. He further states that, the applicants are ready and willing to abide by all the conditions that may be imposed while releasing them on anticipatory bail. Learned advocate therefore submitted that, considering the above facts, the applicants may be granted anticipatory bail. 4. Mr. Chintan Popat, learned advocate appears for the original complainant and states that he has no objection if bail is granted to the applicants. Registry to accept his vakalatnama. 5. 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 R/CR.MA/21903/2025 ORDER DATED: 07/11/2025 allow the present application. 6. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicants in connection with FIR being C.R. No.11211040250308 of 2025 registered with Panshina Police Station, Surendranagar, the applicants shall be released on bail on each of them furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that the applicants: (a) shall cooperate with the investigation and make themselves available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 14.11.2025 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 applicants; (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 o1icer; (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 o1icer and the R/CR.MA/21903/2025 ORDER DATED: 07/11/2025 court concerned and shall not change their residence till the 3nal 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 in@uence 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 applicants who have been granted pre-arrest bail. 10. During the trial, the Trial Court shall not be in@uenced by the prima facie observations made by this Court while enlarging the applicants on bail. 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 07/11/2025 15:53:51