Authority: High Court of Gujarat at Ahmedabad

Order Date: 02/09/2026

Case Overview

  • Applicant: Basbathini Akhila, proprietor of Sobhagyalaxmi Garment.
  • Respondent: State of Gujarat.
  • Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking anticipatory bail.
  • FIR details: C.R. No. 11210067260367 of 2026, registered at Saroli Police Station, Surat District.
  • Alleged offences: Sections 316(5) and 54 of the Bharatiya Nyaya Sanhita.
  • The Additional Public Prosecutor waived service of notice; the State opposed bail citing nature and gravity of the offence.
  • Court considered factors: nature and gravity of accusation, applicant’s clean antecedent record, assurance of cooperation, and that the dispute is essentially civil‑related with criminal colour.
  • Relevant precedents cited: Siddharam Satlingappa Mhetre v. State of Maharashtra (2011), Gurubaksh Singh Sibbia & Others (1980), Sushila Aggarwal v. State (NCT of Delhi) (2020).

Final Outcome

  • The Court allowed the anticipatory bail application.
  • Applicant to be released on personal bond of Rs.10,000 (Rupees Ten Thousand) with an equal surety.
  • 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 disclosure to court or police.

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

(d) Appear at the concerned Police Station on 09.09.2026 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 holding a passport, deposit it with the trial Court within a week.

(g) Police may move the trial Court under Section 483(2) of 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 agency rights to investigate the charges.
  • Direct service of the order is permitted.

Topics: Anticipatory Bail, Criminal Procedure, Garment Industry