Authority: High Court of Gujarat at Ahmedabad (Hon'ble Mr. Justice Sanjeev J. Thaker)

Order Date: 11/08/2026

Case Overview

  • Applicant: Pinky Kailash Agarwal (represented by Mr. Niraj Sharma, with advocates Mr. Jay A. Tamakuwala & Mr. Aditya Sharma).
  • Respondent: State of Gujarat, represented by Additional Public Prosecutor (who waived service of notice).
  • FIR: C.R. No.11210006260309 of 2026, registered at Dumas Police Station, Surat.
  • Alleged offences: Sections 316(5), 54 and 351(2) of the Bharatiya Nyay Sanhita (BNS).
  • Underlying dispute: Civil family partnership matter concerning KN Knitting Industries, where the complainant and applicant are family members engaged in joint business.
  • Specific allegation in FIR: Applicant purchased Plot No.578 by a registered sale deed dated 27.12.2022; investigation could not establish that payment was made from partnership funds owed to the complainant or her deceased husband.
  • Court considered factors for bail: nature and gravity of accusation, applicant's antecedents (none), risk of fleeing, and potential misuse of criminal law to injure the applicant.
  • Judicial precedents cited: Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 6941; Shri Gurubaksh Singh Sibbia & Others (1980) 2 SCC 665; Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1.

Final Outcome

  • The application for anticipatory bail is allowed.
  • Applicant shall be released on bail upon furnishing a personal bond of Rs.10,000 (Rupees Ten Thousand) with one surety of the same amount.
  • Conditions imposed:

a) Cooperate with investigation and be available for interrogation when required.

b) Not induce, threaten, or promise any person acquainted with the case to dissuade them from disclosing facts to the court or police.

c) Not obstruct or hamper police investigation or tamper with evidence.

d) Appear at the concerned Police Station on 18.08.2026 between 11.00 a.m. and 2.00 p.m.

e) Furnish address to investigating officer and court at bond execution and not change residence until final disposal.

f) Not leave India without court permission; if possessing a passport, deposit it before the trial court within one week.

g) Police may move the trial court for a direction under Section 483(2) of the BNSS to arrest the accused if any condition is violated (e.g., absconding, non‑cooperation, intimidation of witnesses).

  • The trial court shall not be influenced by the observations made by this Court while considering the bail application.
  • The order does not limit police or investigative agency rights to investigate the charges.
  • Rule is made absolute; direct service of the order is permitted.

Topics: Anticipatory Bail, Criminal Procedure, Family Business Dispute