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NEUTRAL CITATION

R/CR.MA/6963/2026 ORDER DATED: 25/03/2026

0.45622842970681365

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6963

of 2026 ==========================================================

MAHESHBHAI JAGUBHAI DHANDHAL (MAHESHBHAI DHADHAL)

Versus STATE OF GUJARAT ==========================================================

Appearance:

SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1 YUVRAJ BRAHMBHATT APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 25/03/2026

ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat.

2. By way of this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11211009260080 / 2026, registered with Chotila Police

Station, for the offences alleged therein.

3. Learned advocate for the applicant submits that the nature of allegations are such that custodial interrogation at this stage is not necessary. It is further submitted that the applicant will keep himself available during the course of

investigation and trial also and will not flee from justice.

3.1 The learned advocate for the applicant further states that

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NEUTRAL CITATION

R/CR.MA/6963/2026 ORDER DATED: 25/03/2026

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the applicant shall abide by all the conditions that may be imposed while granting anticipatory bail to the applicant. Accordingly, it is urged that this application may be allowed

and to grant the anticipatory bail to the applicant.

4. As against this, the learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed the grant of anticipatory bail, looking to the nature and gravity of the offence, and requested not to entertain this application. He further submits that a strong prima facie case is made out against the Applicant in the FIR itself, that the Applicant, along with other accused, was lending money to the tune of Rs. 2,50,000/- and was pressurizing the deceased to return the said amount, and while the PM was being carried out, the

complainant received a call from the Applicant.

5. Having heard the learned advocates appearing for the parties and perusing the papers available on record, it is incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in plethora of decisions of the Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or

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NEUTRAL CITATION

R/CR.MA/6963/2026 ORDER DATED: 25/03/2026

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humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merits of the case, which may prejudice the case of accused, should be avoided. However, following aspects have been taken into

consideration:

a) The deceased and his wife have entered into an agreement to sell with the Applicant and thereby they have taken an amount of Rs. 2,50,000/- against the sale consideration of Rs. 3,00,000/-, and Rs. 50,000/- was to be paid