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NEUTRAL CITATION

R/CR.MA/7051/2026 ORDER DATED: 25/03/2026

0.7032896055489761

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7051

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

KHODABHAI RAGHAVBHAI MAKWANA & ORS.

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

Appearance:

MR NIRAJGIRI M GAUSWAMI(13675) for the Applicant(s) No. 1 MR NISHITH P THAKKAR(2836) for the Applicant(s) No. 1,2,3,4,5,6 MR. 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 applicants have prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11211031260059 of 2026, registered with Limbdi Police Station, District: Surendranagar for the offences

alleged therein.

3. Learned advocate for the applicants submits that the nature of allegations are such that custodial interrogation at this stage is not necessary. It is further submitted that the applicants will keep themselves available during the course of investigation and trial also

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NEUTRAL CITATION

R/CR.MA/7051/2026 ORDER DATED: 25/03/2026

0.7032896055489761

and will not flee from justice.

3.1 The learned advocate for the applicants further states that the applicants shall abide by all the conditions that may be imposed while granting anticipatory bail to the applicants. Accordingly, it is urged that this application may be allowed and to grant the

anticipatory bail to the applicants.

4. As against this, the learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence and

requested not to entertain this application.

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 humiliating

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NEUTRAL CITATION

R/CR.MA/7051/2026 ORDER DATED: 25/03/2026

0.7032896055489761

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 allegations in the FIR reveals to allege offence of abortion for which there is no material on record nor complainant has given any document to the effect that abortion was carried out. Allegations are vague in nature. No specific allegations of physical or mental cruelty are stated in the FIR. The report of the support center speaks that the parties have gathered for compromise pursuant to the application given by the Anitaben dated 23.12.2025, and before that FIR was came to be lodged