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

Order Date: 15/07/2026

Case Overview

  • Applicant: Avanish Ashvinbhai Sakhareliya (represented by Mr. Alak A Pandya).
  • Respondents: State of Gujarat (represented by Additional Public Prosecutor) and Ms. Asmita V. Patel.
  • Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in anticipation of arrest under FIR C.R. No.11191011250448 of 2025, registered at D.C.B. Police Station, Ahmedabad.
  • Alleged offences: Sections 316(2), 316(4), 318(2) and 54 of the Bharatiya Nyay Sanhita.
  • The Additional Public Prosecutor opposed bail, citing the nature and gravity of the offences.
  • The Court considered standard bail factors: nature and gravity of accusation, antecedents, flight risk, and potential misuse of the process.
  • Prima facie considerations noted by the Court:

a) Applicant cooperated with the investigating officer.

b) The transaction involved accused No.1 – Meet Paneliya.

c) Prior to FIR, a legal notice under Section 138 of the Negotiable Instruments Act was issued by Adctrogen Pharmaceutical Pvt. Ltd. concerning dishonoured cheques amounting to Rs 24,71,152.

d) Applicant has no past criminal antecedents.

e) Applicant assured availability for investigation and trial.

  • The Court relied on precedents: Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 6941, Gurubaksh Singh Sibbia & Others (1980) 2 SCC 665, and Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1.

Final Outcome

  • The anticipatory bail application is allowed.
  • Applicant shall be released on bail upon arrest/appearance by furnishing a personal bond of Rs 10,000 with an equal surety.
  • Conditions imposed:

(a) Cooperate with investigation and be available for interrogation.

(b) No inducement, threat, or promise to any person to suppress disclosure of facts.

(c) Do not obstruct or tamper with evidence.

(d) Appear at the concerned Police Station on 22.07.2026 between 11:00 a.m. and 2:00 p.m.

(e) Furnish address to investigating officer and court; not change residence until final disposal.

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

(g) Police may approach the trial Court under Section 483(2) of the BNSS for arrest if any condition is violated (e.g., absconding, non‑cooperation, intimidation of witnesses).

  • The trial Court shall not be influenced by the observations made herein while considering bail.
  • The order does not limit police or investigative powers to investigate the charges.
  • The order is absolute; direct service of the order is permitted.
  • Signed by M.H. Dave, Principal Private Secretary, and by Justice Sanjeev J. Thaker.

Topics: Anticipatory Bail, Criminal Procedure