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NEUTRAL CITATION

R/CR.MA/9759/2026 ORDER DATED: 12/05/2026

0.12018349360176683

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO.

9759 of 2026

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MANISHABEN SAGARBHAI THAKOR

Versus

STATE OF GUJARAT & ORS.

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Appearance

MR. PRANJAL PATEL(16267) for the Applicant(s) No. 1

MS. DHWANI TRIPATHI, APP for the Respondent(s) No. 1

RULE SERVED for the Respondent(s) No. 2,3

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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 12/05/2026

ORDER

[1] By way of the present application under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”),

the applicant has prayed to release on anticipatory bail in the

event of arrest in connection with the FIR being C.R. No.

11192061260125 of 2026 registered with Viramgam Town

Police Station, Bharuch, for the offences punishable under

Sections 118(1), 115(2), 352 and 54 of the BNS.

[2] Learned advocate for the applicant submits that the

applicant has nothing to do with the offence. The applicant is

lady and there is no past antecedents daughter in law of the

complainant. It is submitted that The allegations against the

present applicant are that, during a quarrel, she slapped the

complainant. Except for this allegation, no other specific role is

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NEUTRAL CITATION

R/CR.MA/9759/2026 ORDER DATED: 12/05/2026

0.12018349360176683

attributed to the present applicant. It is also not the case of the

prosecution that the present applicant used any weapon or

caused any grievous injury. The applicant has no past

antecedents. Furthermore, nothing is reported to be recovered

or discovered from the present applicant. Therefore, custodial

interrogation at this stage is not necessary. Besides, the

applicant is available during the course of investigation and will

not flee from justice. In view of the above, the applicant may be

granted anticipatory bail.

[3] 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. Custodial

interrogation of the applicant is required. Hence, she has

requested to dismiss the present application.

[4] Having heard the learned advocate for the parties and

perusing the investigation papers, it is equally 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 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

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NEUTRAL CITATION

R/CR.MA/9759/2026 ORDER DATED: 12/05/2026

0.12018349360176683

flee from justice; and (iv) where the accusation has been made

with the object of injuring or humiliating the applicant by having

him/her 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.

(1) Offence is not punishable with life imprisonment or death

penalty;

(2) Applicant is lady accused and not having any past

antecedent;

(3) No case of custodial interrogation made out by the

prosecution.

(4) Now nothing is required to be recovered from the

applicant.

[5] Considering the aforesaid aspects and the law laid down

by the Hon’ble Apex Court in the ca