Authority: High Court of Gujarat at Ahmedabad

Order Date: 29/07/2026

Case Overview

  • Applicant: Kanhaiyalal Bhavarlal Kalal, owner of Ramdev Gas Agency.
  • Respondent: State of Gujarat.
  • FIR: C.R. No.11214020260996 of 2026, registered at Kamrej Police Station, Surat Rural District.
  • Charges: Offences punishable under Sections 287 and 54 of the Bharatiya Nyay Sanhita (BNS) and Sections 3 and 7 of the Essential Commodities Act.
  • Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking anticipatory bail.
  • Additional Public Prosecutor waived service of notice to the State of Gujarat.
  • Applicant’s counsel argued custodial interrogation unnecessary, assured availability during investigation and trial, and willingness to comply with any conditions.
  • Respondent’s counsel opposed bail, citing nature and gravity of the offences.
  • Court considered standard bail factors: nature and gravity of accusation, antecedents, flight risk, and potential misuse of the process.
  • Specific observations: (a) Applicant is merely the owner of the agency; (b) He was not present at the alleged offence location; (c) No specific allegation directly against him beyond ownership; (d) Offences do not attract life imprisonment; (e) Applicant assured non‑flight.
  • 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

  • Anticipatory bail granted.
  • Applicant to furnish a personal bond of Rs 10,000 with a surety of equal amount.
  • Conditions imposed:

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

(b) Not induce, threaten, or promise any person to withhold information.

(c) Not obstruct or tamper with evidence.

(d) Appear at the concerned Police Station on 05.08.2026 between 11:00 a.m. and 2:00 p.m.

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

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

(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 the bail application.
  • The order does not limit police or investigative agency rights to investigate the charges.
  • Rule made absolute; direct service of the order is permitted.

Topics: Anticipatory Bail, Criminal Procedure