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NEUTRAL CITATION

R/CR.MA/3013/2026 ORDER DATED: 30/03/2026

0.00519917828824934

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 3013

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

HAFIZABEN IRFAN PAREKH Versus STATE OF GUJARAT & ANR.

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Appearance:

MR M T SAIYAD(3848) for the Applicant(s) No. 1 MR Y J PATEL(3985) for the Respondent(s) No. 2 ROHAN RAVAL APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 30/03/2026

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. 11203038250650/2025, registered with Mangrol Police Station,

for the offences alleged therein.

3. Learned Advocate for the Applicant submits that the victim turn major on 12.11.2025 and got married with org accused on 15.11.2025. Original accused and victim were in relationship since last four years. The father and mother of the Applicant were against the said marriage. The alleged incident

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NEUTRAL CITATION

R/CR.MA/3013/2026 ORDER DATED: 30/03/2026

0.00519917828824934

of abortion is of 20.07.2024. The org accused came to be arrested on 03.12.2025, whereas, the FIR came to be lodged on 28.12.2025. Thus, it is argued that the FIR is lodged after threatening the victim and to rope the entire family of the original accused and sister and brother in law of the accused

No. 1.

3.1 Learned advocate for the applicant further 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.

3.2 The learned advocate for the applicant further states that 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. Per contra, 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. Learned APP would further submit that when the abortion was carried out the victim was minor. Though there are no specific statement of the doctor supporting presence of applicant, however, from the reading of the FIR, presence of the present

Applicant are surfaces on record.

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NEUTRAL CITATION

R/CR.MA/3013/2026 ORDER DATED: 30/03/2026

0.00519917828824934

4.1 Learned Advocate Mr. Y. J Patel for the Original Complainant would submit that since the presence of the present Applicant while carrying out abortion was surfaces on record from the FIR itself, the Court may not exercise discretionary jurisdiction and argued to reject the captioned application. He further submits that even as per the AfÏdavit filed by the I.O. before the Sessions Court, the statement of the

victim under Section 183 of the BNSS is also on record.

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.