R/CR.MA/22548/2025 ORDER DATED: 30/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22548 of 2025 ========================================================== KANCHANBEN CHUNILAL VALAND & ORS. Versus STATE OF GUJARAT ========================================================== Appearance: MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1,2,3 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/10/2025 ORAL ORDER 1. RULE. Learned APP waives service of rule for the respondent-State. 2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being I-C.R. No.117 of 2017 registered with Kathlal Police Station, Kheda for the offences punishable under Sections 465, 467, 468, 471 and 115 of the Indian Penal Code, 1860. 3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. It is submitted that the incident took place in the year 2015, whereas the complaint came to be lodged in the year 2017. Thereafter, the applicant filed an application under Section 482 of the Cr.P.C., being Criminal Misc. Application No. 30023 of 2017, wherein the Coordinate Bench of this Hon’ble Court directed that no coercive steps be taken against the present applicant. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable R/CR.MA/22548/2025 ORDER DATED: 30/10/2025 conditions. 4. Learned APP appearing on behalf of the respondent-State has opposed grant of bail looking to the nature and gravity of the offence. Learned APP submits that the allegations against the applicants are of a serious nature and that their custodial interrogation is necessary. She further submits that, considering the gravity of the offence, the applicants do not deserve to be released on anticipatory bail. It is also submitted that there is prima facie evidence against the applicants, and a prima facie case has been made out. He further points out that no genuine reasons have been stated in the application to justify the grant of anticipatory bail to the applicants. Therefore, he contends that the present application for anticipatory bail deserves to be rejected at this stage. Therefore, the present application may be dismissed. 5. Having heard the learned advocate 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 R/CR.MA/22548/2025 ORDER DATED: 30/10/2025 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. I have considered the following aspects. (i) Prima facie, it appears that the incident took place in the year 2015, whereas the complaint came to be lodged in the year 2017. (ii) The applicant filed an application under Section 482 of the Cr.P.C., being Criminal Misc. Application No. 30023 of 2017, wherein the Coordinate Bench of this Hon’ble Court directed that no coercive steps be taken against the present applicant. (iii) The allegations against the present applicant are that the applicant, along with the other co-accused, prepared a false affidavit and, on the basis thereof, obtained a fraudulent pedigree certificate in their favour. It is the case of the prosecution that, although the complainant and the accused persons are legal heirs of the land, the accused, relying on the said false documents, caused mutation entries to be made in the revenue record in their own names. Thereafter, claiming to be the sole owners of the land, they sold the same, thereby depriving the complainant and other legal heirs of their lawful share, causing them financial loss, and committing the alleged offence accordingly. However, the present applicant is a lady accused and is only a beneficiary thereof. (iv) Nothing is required to be recovered or discovered from the possession of the present applicant and the case is based R/CR.MA/22548/2025 ORDER DATED: 30/10/2025 on the documentary evidence. 6. 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. 7. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with the FIR being I-C.R. No.117 of 2017 registered with Kathlal Police Station, Kheda, 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 : (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 07/11/2025 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 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 R/CR.MA/22548/2025 ORDER DATED: 30/10/2025 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 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 applicant; (h) 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 influence outcome of the investigation or trial, etc.- 8. 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. 9. Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 30/10/2025 15:35:42