R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 19655 of 2026 ========================================================== PATEL HETALBEN RAJESHKUMAR Versus STATE OF GUJARAT ========================================================== Appearance: MR ZUBIN BHARDA, ADVOCATE with MR KISHAN H DAIYA(6929) for the Applicant MS MAITHILI MEHTA, APP for the Respondent – State MR MH SHEKHAVAT, ADVOCATE for the Original Complainant ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 11/09/2026 ORAL ORDER 1. By way of this 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.11206045260499 of 2026, registered with the Mehsana City ‘B’ Division Police Station, District : Mehsana for the offences punishable under Sections 316(2), 316(5), 318(4), 336(2), 336(3), 338, 340(2), 61(2) and 54 of the Bharatiya Nyay Sanhita (‘the BNS’ for short). 2. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat. Page 1 of 7 R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 3. Learned advocate for the applicant submits that the nature of allegations are such that custodial interrogation at this stage is not necessary. It is further submitted that the applicant will keep himself available during the course of investigation and trial also and will not flee from justice. 3.1 The learned advocate for the applicant further states that the applicant shall abide by all the conditions that may be imposed while granting anticipatory bail to the applicant. Accordingly, it is urged that this application may be allowed and to grant the anticipatory bail to the applicant. 3.2 Learned advocate for the applicant has tendered an Undertaking/Affidavit of the applicant dated 10.09.2026, whereby the proposed payment schedule is mentioned, which is agreed by the original complainant. The said Undertaking/Affidavit is taken on record. Learned advocate for the applicant, under instructions, submits that the applicant will abide by the conditions mentioned in the Undertaking/ Affidavit. 4. As against this, the 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 and requested not to entertain this application. Page 2 of 7 R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 5. Learned advocate for the parties have arrived at a settlement on the basis of the One Time Settlement offer, that was issued by the Mehsana Urban Cooperative Bank Limited dated 09.09.2026, which is produced by the learned advocate for the complainant, which is taken on record, wherein the details of account covered under OTS and the repayment schedule has been mentioned, which are as under : Details of Account covered under OTS Account No. Name of Borrower Principal Amount (Rs.) (A) Interest Payable Amount (Rs.) (B) Total O/s. Amount (Rs.) (A+B) on 31.08.2026 00485021000013 Cure Healthcare 4,31,06,471.00 1,40,04,693.6 5,71,11,164.60 Total 4,31,06,471.00 1,40,04,693.6 5,71,11,164,60 Repayment Schedule Installment Amount 1st Installment 25% of the OTS amount within 15 days from the date of acceptance of this letter 2nd Installment 25% of OTS amount within 2 months and 7 days from the due date of the 1st installment 3rd Installment 25% of OTS amount within 2 months and 8 days from the due date of the 2nd installment Final Installment 25% of OTS amount within 2 months from the due date of the 3rd installment 5. Having heard the learned advocates appearing for the R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 parties and perusing the papers available on record, it is incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in plethora of decisions of the 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 merits of the case, which may prejudice the case of accused, should be avoided. However, prima facie, following aspects have been taken into consideration: a) the Undertaking/Affidavit dated 10.09.2026 filed by the applicant on the basis of the OTS of the complainant – bank; b) no past antecedents against the applicant; c) the learned advocate for the applicant has assured that the applicant will not flee from justice and would be R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 available during investigation as well as the trial. 6. Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Others, 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 & Others, 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, the Court is inclined to allow the present application. 7. 7. In the result, this application is allowed by directing that in the event of arrest/ appearance of the applicant in connection with the above-referred FIR, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand) with one surety of like amount on the following conditions that applicant: (a) shall cooperate with the investigation and make available for interrogation whenever required; (b) shall not directly or indirectly make any inducement, threat or promise to any person acquainted R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (c) 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; (d) shall remain present at the concerned Police Station on 18.09.2026 between 11.00 a.m. and 2.00 p.m.; (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 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) of the BNSS to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, R/CR.MA/19655/2026(GJHC240635572026) ORDER DATED: 11/09/2026 intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.; (h) shall abide by the Undertaking/Affidavit dated 10.09.2026 produced before this Court and in default thereof, the bail shall automatically be cancelled; (i) Even otherwise, it is open for the complainant to file appropriate application before appropriate forum for cancellation of bail; 7.1 At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while considering the bail application. 8. It is made clear that this 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 is granted pre-arrest bail. 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (SANJEEV J.THAKER,J) M.H. DAVE/114 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/09/2026 15:53:37