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2026 Supreme(Online)(Guj) 17669

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
YUVRAJSINH BALVANTSINH MAHIDAV/sSTATE OF GUJARAT
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11989 of 2026



Advocates:
For the Appellants/Petitioners: P R Abhichandani, Md. Mohsin M Shaikh, Mohdshafi Shaikh
For the Respondents: Ronak Raval

Anticipatory bail cannot be granted solely on the ground that custodial interrogation is unnecessary; the court must primarily consider the prima facie case, the gravity of the offence, the role of the accused, and the potential to influence witnesses.

Headnote:The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences punishable under Sections 115(2), 117(2), 120(2), 189(4), 191(2), 191(3), 296(b), 351(2), and 54 of the Bharatiya Nyay Sanhita, 2023, and Section 135 of the Gujarat Police Act. The case involves allegations of two separate assaults on the same day, where the accused allegedly used vehicles and weapons, including wooden sticks and a sickle, to cause serious injuries, including multiple fractures, to the complainant and others. The court found a prima facie case against the applicant, noting his active role and potential to influence witnesses. The primary issue was whether the applicant was entitled to discretionary relief of anticipatory bail given the gravity of the injuries and his role as the main accused. The court reasoned that the absence of a need for custodial interrogation is not a sufficient ground for granting bail if a strong prima facie case exists. Relying on established precedents, the court emphasized that the nature and gravity of the accusation, the role of the accused, and the risk of influencing witnesses must be considered. Resultantly, the present application deserves to be rejected and is accordingly rejected.

Table of Content
1. procedural history and factual allegations of assault and criminal charges. (Para 1 , 2 , 3 , 4)
2. competing arguments regarding the applicant's social standing, parity with co-accused, and the severity of injuries. (Para 5 , 6)
3. legal standards for anticipatory bail emphasizing prima facie case over custodial interrogation needs. (Para 7 , 8)
4. denial of bail based on the gravity of the offence, active participation, and risk of witness influence. (Para 9 , 10 , 11)

##PAGE1##

NEUTRAL CITATION

R/CR.MA/11989/2026 JUDGMENT DATED: 26/05/2026

0.8035046383970181

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11989

of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER

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

Approved for Reporting Yes No

NO

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

YUVRAJSINH BALVANTSINH MAHIDA

Versus

STATE OF GUJARAT

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

Appearance:

MR P R ABHICHANDANI WITH MR MD. MOHSIN M SHAIKH(12400) for the

Applicant(s) No. 1

MR MOHDSHAFI SHAIKH(6544) for the Applicant(s) No. 1

MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1

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

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 26/05/2026

ORAL JUDGMENT

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 his arrest in connection with FIR being C.R.

No.11196043260157 of 2026 registered with Vadodara

City Police Station, District: Vadodara for the offences

punishable under Sections 115(2), 117(2), 120(2), 189(4),

191(2), 191(3), 296(b), 351(2) and 54 of the Bharatiya

Nyay Sanhita, 2023 as well as Section 135 of the Gujarat

Police Act, wherein the applicant has been named as

accused No.1 along with three other accused persons and

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##PAGE2##

NEUTRAL CITATION

R/CR.MA/11989/2026 JUDGMENT DATED: 26/05/2026

0.8035046383970181

four to five unknown persons.

3. As per the allegations made in the FIR, the incident in

question took place on 04.04.2026 when the complainant

and his son were on their way home. It is alleged that the

present applicant approached them in a Fortuner car

bearing Registration No. GJ-06-PG-2225 and questioned

the complainant as to whether he had taken an amount

of Rs.22,000/- from the petrol pump. The complainant

was allegedly forced to admit that he had stolen the said

amount and was initially asked to return the money and

thereafter compelled to confess to the theft and repay

the amount. As per the allegations, a free fight thereafter

ensued between the complainant and the present

applicant, during which the applicant assaulted the

complainant. Subsequently, both parties were separated

and returned to their respective homes. It is further

alleged that, on the very same day, when the

complainant had gone to a pan shop situated on

Dhaliyavi Road along with his brother-in-law, namely

Melabhai @ Mehulbhai Sukhabhai Ravaliya and

Bharatbhai Maganbhai Raval, the applicant again arrived

in a BMW car bearing Registration No. GJ-05-JL-6005

along with the co-accused persons and assaulted the

complainant and his brother-in-law with wooden sticks

and a sickle, as a result of which all three persons

sustained injuries. The said FIR came to be lodged on

04.04.2026. It is reported that, except the present

applicant, the other accused persons have already been

arrested and enlarged on regular bail, whereas the

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##PAGE3##

NEUTRAL CITATION

R/CR.MA/11989/2026 JUDGMENT DATED: 26/05/2026

0.8035046383970181

present applicant has preferred the present application

seeking anticipatory

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