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

Order Date: 06/08/2026

Case Overview

  • Parties: Applicant Vijaybhai Jivabhai Baraiya & Anr. vs. State of Gujarat.
  • Proceeding: Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for anticipatory bail.
  • FIR Details: C.R. No. 11198066260061 of 2026, registered at Velavadar Bhal Police Station, Bhavnagar.
  • Alleged Offences: Sections 109(1), 121(1), 310(2), 352, 351(3) of the Bharatiya Nyay Sanhita and Section 135 of the G.P. Act.
  • Advocates: MR Dipesh D. Soni for the applicant; MR Ronak Raval for the State.
  • Prosecution Stance: Additional Public Prosecutor opposed bail, citing nature and gravity of offences.
  • Court’s Considerations: Nature and gravity of accusation, applicant’s antecedents (none), possibility of fleeing, and that the applicant is not named in the FIR.
  • Legal Precedents Cited: Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 6941; Gurubaksh Singh Sibbia & Others (1980) 2 SCC 665; Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1.

Final Outcome

  • The anticipatory bail application is allowed.
  • The applicant shall be released on bail upon furnishing a personal bond of Rs.10,000 with a surety of the same amount, subject to the following conditions:
  • (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.
  • (c) Not obstruct or hamper police investigation or tamper with evidence.
  • (d) Appear at the concerned Police Station on 13.08.2026 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 with 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 for any breach of the above terms (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.
  • The order is absolute; direct service of the order is permitted.

Topics: Anticipatory Bail, Criminal Procedure, Gujarat High Court