R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22216 of 2026 ========================================================== IMRAN AMIRRULA SATI Versus STATE OF GUJARAT ========================================================== Appearance: MR PM DAVE(263) for the Applicant(s) No. 1 VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 29/09/2026 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.11993002260620 of 2026, registered with Adipur Police Station, District: Kachchh East Gandhidham for the offences punishable under Sections 299, 302 of the Bhartiya Nyay Sanhita, 2023. 2. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat. 3. Learned advocate for the applicant submits that the nature of allegations are such that custodial interrogation at R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) 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. 4. As against this, the learned Additional Public Prosecutor appearing on behalf of the respondent – State has strongly opposed grant of anticipatory bail looking to the nature and gravity of the offence and requested not to entertain this application. 5. Having heard the learned advocates appearing for the 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 R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) 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) in view of the fact that the present complaint is filed only on the basis of the material i.e. Instagram reel, learned advocate for the applicant has filed an affidavit of apology- cum-undertaking dated 28.09.2026. Learned advocate for the applicant identifies the signatures of the applicant, the said affidavit of apology-cum-undertaking is taken on record, in which the applicant has tendered sincere and unconditional apology for the hurt or any misunderstanding that may have been arisen on account of the video as referred to in the FIR. b) the applicant has also undertaken to exercise due care and caution while creating, uploading, operating, circulating any content through social media platform. He has also assured that he shall not repeat the said act any further R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) and undertakes that he shall exercise utmost care and caution in relation to the same and is also willing to tender apology before the religious sangh, trust or other concerned body in relation to the grievance raised in the present proceedings, considering the said undertaking; c) the offence is not punishable under life imprisonment or death penalty. d) the applicant has no past antecedents; e) the learned advocate for the applicant has assured that the applicant will not flee from justice and would be 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 R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) 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 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 06.10.2026 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; R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) (f) shall abide by the apology-cum-undertaking filed before this Court; (g) 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; (h) It is open to the police or the investigating agency or complainant 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, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc. 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. Page 6 of 7 R/CR.MA/22216/2026 ORDER DATED: 29/09/2026 (GJHC240717962026) 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (SANJEEV J.THAKER,J) URIL RANA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 29/09/2026 18:05:57