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NEUTRAL CITATION

R/CR.MA/5475/2026 ORDER DATED: 01/04/2026

0.19675785579216354

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY

BAIL) NO. 5475 of 2026 ==========================================================

NARESHBHAI HARJIBHAI KHASIYA Versus STATE OF GUJARAT

==========================================================

Appearance:

MR KAIVAL D PATEL(13892) for the Applicant(s) No. 1 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI

Date : 01/04/2026

ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for

respondent – State of Gujarat.

2. By way of the present 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.11198015250379 of 2025 registered with Bortalav Police Station, District: Bhavnagar for the alleged

offences as mentioned in the FIR.

3. Learned advocate for the applicant submits that, the nature of allegations are such for which, custodial

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NEUTRAL CITATION

R/CR.MA/5475/2026 ORDER DATED: 01/04/2026

0.19675785579216354

interrogation at this stage is not necessary. He further submits that, the applicant will keep himself available during the course of investigation and the trial, and will

not flee from justice.

4. Learned advocate for the applicant on instructions states that, the applicant is ready and willing to abide by all the conditions that may be imposed while releasing him on anticipatory bail. Learned advocate therefore submitted that, considering the above facts, the applicant

may be granted anticipatory bail.

5. 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.

6. Having heard the learned advocates appearing for the parties and perusing the investigation papers, it is incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the

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NEUTRAL CITATION

R/CR.MA/5475/2026 ORDER DATED: 01/04/2026

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Hon’ble 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 the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the

following aspects.

(A) The applicant is a permanent resident of Ahmedabad district, hence would be available at the

time of trial;.

(B) There are no criminal antecedents against the applicant.

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NEUTRAL CITATION

R/CR.MA/5475/2026 ORDER DATED: 01/04/2026

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(C) As per the prosecution case it was co-accused Mahavirsinh Gohil who had prepared the forged documents which were handed over to co-accused Ravirajsinh, who in-turn had destroyed the said

documents.

(D) The applicant has not received any benefit either