IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
ARPAN KESHAVLAL MADHUKARV/sSTATE OF GUJARAT
R/CR.MA/11540/2026
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NEUTRAL CITATION
R/CR.MA/11540/2026 ORDER DATED: 21/05/2026
0.6969491730393204
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11540
of 2026
===============================================================
ARPAN KESHAVLAL MADHUKAR
Versus
STATE OF GUJARAT
===============================================================
Appearance:
MR N V RAVAL(11267) for the Applicant(s) No. 1
MR BHARATKUMAR H OZA(12150) for the Respondent(s) No. 1
MR JIGAR B OZA(11654) for the complainant
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
===============================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 21/05/2026
ORAL ORDER
1. Learned advocate Mr.Jigar B. Oza is appearing for the
Complainant and is permitted to file is Vakalatnama before
the Registry. Registry to accept the same.
2. Heard learned advocate Mr.N. V. Raval for the applicant,
learned APP Mr.Utkarsh Sharma for the respondent-State
and learned advocate Mr.Jigar B. Oza for the complainant.
3. Rule. Learned APP waives service of notice of rule for and on
behalf of the respondent-State and learned advocate Mr.Jigar
B. Oza waives service of notice of rule for and on behalf of
the complainant.
4. By way of the present application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’),
the applicant - accused has prayed for anticipatory bail in
connection with the FIR bearing No.11191066260065 of
2026 registered with Vasna Police Station, Ahmedabad
(City) for the offences punishable under Sections 316(2),338,
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336(3) and 340(2) etc. of the Bharatiya Nyay Sanhita, 2023.
5. Learned advocate for the applicant submits that the nature of
allegations are such for which custodial interrogation at this
stage is not necessary. He further submits that the applicant
will keep himself available during the course of investigation,
trial also and will not flee from justice.
6. Learned advocate Mr.N. V. Raval for the applicant submitted
that the person, who can say whether her documents were
forged by the present applicant or not is only Krupaben, who
is at present at New Zealand and the aforesaid facts could
not be disputed by the learned APP or learned advocate
Mr.Jigar Oza for the complainant. It was further stated that
the FIR is not registered by the person, who was sent abroad
and in whose favour, the Certificate of sponsorship was
obtained and therefore, the present FIR is registered only
with a view to take vengeance against the applicant. Learned
advocate, therefore, submitted that considering the above
facts, the applicant may be granted anticipatory bail.
7. Learned advocate Mr.Jigar Oza for the complainant has
opposed grant of anticipatory bail looking to the nature and
gravity of the offence and submitted that after having
pocketed an amount of Rs.24,50,000/- from the complainant,
the applicant have not given back the aforesaid amount and
therefore, as the present complainant has been cheated, the
FIR is registered. He also states that the co-accused namely,
Mr.Amit Patel, has filed an affidavit before the learned Trial
Court that he shall return the amount to the present
complainant.
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R/CR.MA/11540/2026 ORDER DATED: 21/05/2026
0.6969491730393204
8. Be that as it may, considering the fact that the present
proceedings are not recovery proceedings and having heard
the learned advocates for the parties and perusing the
material placed on record and taking into consideration the
nature of allegations and gravity of offences, role attributed
to the accused, without discussing the evidence in detail, at
this stage, I am inclined to grant anticipatory bail to the
applicant.
9. This Court has considered
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