Authority: High Court of Gujarat at Ahmedabad

Order Date: 06/11/2026

Case Overview

  • Parties: Applicant – Shalin Dharmendrabhai Jain, Proprietor of Bhavishya Designer & Anr.; Respondent – State of Gujarat.
  • Complaint/Application: No. LA‑409 & 419 of 2026, dated 22.09.2026, filed by Shri Dilipbhai Gopleshbhai Kaswala before Sachin G.I.D.C. Police Station, Surat.
  • Legal Provision: Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking anticipatory bail.
  • Advocates: Applicant represented by Mr. Manan V. Patel (Advocate No. 8059); Respondent represented by the Additional Public Prosecutor, who waived service of notice.
  • Contentions: Applicant argued custodial interrogation unnecessary, pledged cooperation, and assured non‑flight. Respondent opposed bail citing nature and gravity of alleged offence.
  • Court’s Considerations: Nature and gravity of accusation, applicant’s clean antecedents, risk of flight, and that the complaint appears to be an attempt to give criminal colour to a civil dispute.
  • 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 Court granted anticipatory bail to the applicant.
  • Bond: Personal bond of Rs 10,000 (Rupees Ten Thousand) with a surety of the same amount.
  • 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 them from disclosing facts.

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

d) Appear at Sachin G.I.D.C. Police Station on 20.11.2026 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 in possession of a passport, deposit it with the trial Court within one week of trial commencement.

g) Police, investigating agency, or complainant may move the trial Court for a direction under Section 483(2) of BNSS to arrest the accused if any condition is violated (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, and direct service is permitted.

Topics: Anticipatory Bail, Criminal Procedure, Civil Dispute