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NEUTRAL CITATION

R/CR.MA/5029/2026 ORDER DATED: 04/05/2026

0.8562788101373664

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 5029

of 2026

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VIPULKUMAR RANJITSINH PARMAR

Versus

STATE OF GUJARAT

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Appearance:

NISHITH P ACHARYA(9308) for the Applicant(s) No. 1

MR. CHINTAN DAVE, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 04/05/2026

ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of

Rule for the respondent – State.

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. 11204067250398 of 2025, registered

with Sevaliya Police Station, district: Kheda, for the offence

punishable under Sections 319(2), 336(2), 336(3), 338, 340(2) and

61 of the Bharatiya Nyaya Sanhita, 2023.

3. The facts in nutshell are that the person whose photo has been

appended in the sale deed No.556/2025 dated 10.06.52025 and the

sale deed No.620/2025 dated 08.07.2025 as seller of the land in

question situated within the limits of Vanghroli Gram Panchayat has

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NEUTRAL CITATION

R/CR.MA/5029/2026 ORDER DATED: 04/05/2026

0.8562788101373664

personified as the complainant and the witnesses namely, Falgunbhai

and Dakshaben in the said sale deed have conspired with each other

and have thereby sold the said land and the said seller has also

signed as the complainant and witnesses in the said sale deed and

has thus, forged the same and has used it as genuine and has thus,

committed a alleged offence.

3.1. Pursuant to aforesaid FIR, the applicant had preferred an

application for anticipatory bail being Criminal Misc. Application

No.82 of 2026, which came to be rejected vide order dated

16.02.2026 passed by 3^rd Additional Sessions Judge, Nadiad. Hence,

the present application.

4. Learned advocate Mr. Nishith P. Acharya for the applicant

would submit that the applicant is innocent, wrongly arraigned as

accused by the complainant. That, in absence of direct evidence, no

custodial interrogation is required. Learned advocate would further

submit that name of the present applicant has surfaces based on the

statement of the co-accused, and such cannot be relied in view of the

judgment passed by the Hon’ble Supreme Court in the case of P.

Krishna Mohan Reddy v. State of Andra Pradesh, reported in

(2025) 5 Supreme 641

4.1. Learned advocate would further submit that even otherwise, it

is an admitted position that the FIR itself alleges that “unknown

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NEUTRAL CITATION

R/CR.MA/5029/2026 ORDER DATED: 04/05/2026

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persons” have prepared the alleged forged document. That,

complainant does not claim that the applicant personally

impersonated him, forged signature, or presented himself before the

Sub-Registrar office, hence, in absence of direct evidence, merely on

the basis of the statement of the co-accused, the applicant cannot be

held responsible for the alleged crime. It would further submit that

unless and until the document is declared void by the competent civil

court after full-fledged trial, a mere allegation of forgery would not

justify the arrest of the present applicant.

4.2. He would also submit that the prosecution has failed to point

out as to what recovery or discovery or seizure is required from the

present applicant. The documents which are alleged to have been

forged are already in custody of investigating agency, hence,

custodial interrogation serves no useful purpose. He would further

submit that the main accus