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

Order Date: 21/10/2026

Case Overview

  • Applicants: Modpali Ravi Kiran, prop. of Sai Indra Seeds & Anr.; Respondent: State of Gujarat.
  • Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking anticipatory bail in connection with FIR C.R. No.11209016200668 of 2020 registered at Himmatnagar A Division Police Station, Sabarkantha district.
  • FIR alleges offences punishable under IPC Sections 406 (criminal breach of trust), 420 (cheating), and 114 (false evidence).
  • The Additional Public Prosecutor waived service of notice of rule for the State.
  • Allegations stem from a commercial dispute: purchase of BT cotton seeds valued at Rs.2,19,02,050/- by the complainant, of which the applicants have allegedly failed to pay Rs.1,09,14,484/-.
  • The dispute also involves dishonoured cheques under the Negotiable Instruments Act, with a notice issued under Section 41(a) of the BNSS on 08.08.2026.
  • Applicants previously obtained protection under an order dated 15.10.2020 in Criminal Misc. Application No.15285/2020; that application was later dismissed, and a fresh application to restore the protection has been filed.
  • Applicants have no prior criminal antecedents.
  • Learned counsel for the applicants assured availability for investigation and trial and pledged not to flee justice.
  • The State, represented by the Additional Public Prosecutor, opposed bail citing the nature and gravity of the offences.

Final Outcome

  • The Court, after considering the nature of the dispute, lack of antecedents, and legal precedents (Siddharam Satlingappa Mhetre v. State of Maharashtra, Gurubaksh Singh Sibbia & Others, Sushila Aggarwal v. State), allowed the anticipatory bail application.
  • Each applicant is to furnish a personal bond of Rs.10,000/- with an equal surety, 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 withhold information.

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

d) Appear at the concerned Police Station on 28.10.2026 between 11.00 a.m. and 2.00 p.m.

e) Provide address to the investigating officer and the Court at the time of 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 one week of execution.

g) Police or the complainant 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 any subsequent bail applications.
  • The order expressly states that it does not limit or restrict police or investigative agency rights to investigate the charges.
  • The rule is made absolute; direct service of the order is permitted.
  • Order signed by Hon'ble Justice Sanjeev J. Thaker and digitally signed by the Private Secretary on 21/10/2026 at 17:09:51.

Topics: Anticipatory Bail, Commercial Dispute, Criminal Procedure