R/CR.MA/11776/2026 ORDER DATED: 19/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11776 of 2026 ========================================================== HARCHANDBHAI DANAJI MALI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1 MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 19/05/2026 ORAL ORDER Rule. Learned APP waives service of notice of rule for the respondent State. 1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing No.11996001260158 of 2026 registered with Agthala Police Station, District: Vav-Tharad for the offences punishable under Sections 87, 64(1), 64(2)(M), 351(3) and 54 etc. of the Bharatiya Nyay Sanhita, 2023. 2. Learned advocate 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. R/CR.MA/11776/2026 ORDER DATED: 19/05/2026 3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. 5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. 6. This Court has considered following aspects, (i) except for the fact that the agricultural field at which the victim was taken by the main accused belong to the present applicant and that he has R/CR.MA/11776/2026 ORDER DATED: 19/05/2026 abated the present accused No.1 and there is nothing against the present applicant; (ii) the accused No.1 that is main accused Keshavbhai Bhalabhai Mali is considered for Anticipatory Bail by this Court today itself vide an order dated 19.05.2026 passed in Criminal Misc. Application No. 11777 of 2026; (iii) the applicant, through his learned advocate, has shown willingness to cooperate with the investigation as and when required; (iv) the applicant is not the one who is alleged to be in any forced relationship with the victim girl 7. In the facts and circumstances of the present case, since the custodial interrogation of the applicant is not required, I am inclined to consider the case of the applicant. 8. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565. 9. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with FIR No.11996001260158 of 2026 registered with Agthala Police Station, R/CR.MA/11776/2026 ORDER DATED: 19/05/2026 District: Vav-Tharad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety each of like amount on the following conditions: (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at concerned Police Station on 25.05.2026 between 11.00 a.m. and 3.00 p.m.; (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 residence till the final disposal of the case till further orders; (f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and (g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits; 10. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order. Page 4 of 5 R/CR.MA/11776/2026 ORDER DATED: 19/05/2026 11. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) ROHAN SONI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 19/05/2026 12:54:33