Arvindbhai Murjibhai Kariya vs State Of Gujarat

Utkarsh Thakorbhai Desai, J

Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat.

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 arrest in connection with the FIR being C.R. No. 11993004250824 of 2025 registered with Bhachau Police Station, Kutch-East Gandhidham, for the alleged offences as mentioned in the FIR.

Heard learned advocate Mr.Virat Popat for the applicant, who, on the last adjournment submitted that, he would file further affidavit on behalf of the applicant and accordingly, an underatking-cum-declaration has been submitted by him today, which reads as under:

“Undertaking-cum-declaration

I Arvindbhai Murjibhai Kariya, aged 60 years, residing at B/601, Bhumi Tower, Banarashi Shop Line, Opp. Kulikund Mandir, the applicant herein, do hereby solemnly affirm and state as under:

I say and submit that I am arraigned as accused in connection with FIR being CR No. 11993004250824 of 2025 registered with Bhachau Police Station. I have filed Criminal Misc. Application No. 25058 of 2025 before this Hon'ble Court for Anticipatory bail.

I say and submit that I have already cancelled the sale deed which was executed and pursuant to that a validly registered cancellation deed is executed on 11.07.2025 and amount of purchase consideration is also returned back.

I hereby undertake that I shall not claim any right on the subject land of FIR based upon contemporaneous documents mentioned in the FIR and I shall not create any equity in future based on such documents mentioned in the FIR. I shall be entitled only right, title and interest in the subject land of the FIR to the extent which is legally permissible to me.

The present undertaking is being filed on free will and volition of the present deponent and will be followed by the deponent in its true letter and spirit.

Whatever is stated hereinabove is true to the best of my knowledge and belief and I believe the same to be true.

Solemnly affirmed at Friday on this Day of December, 2025.

AMKariya

DEPONENT

Identified by me, &

Explained by me in Vernacular language,”

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.

Learned advocate for the applicant on instructions states that, the applicant is ready and willing to abide by all the conditions that may be imposed while releasing the applicant on anticipatory bail. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

Hence, considering the allegations as mentioned in the FIR in light of the undertaking-cum-declaration which has been submitted by Mr.Popat today, it deems fit to this Court to exercise discretion in favour of the present applicant.

In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with FIR being C.R. No. 11993004250824 of 2025 registered with Bhachau Police Station, Kutch-East Gandhidham, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that applicant:

(a) shall cooperate with the investigation and make herself available for interrogation whenever required;

(b) shall remain present at the concerned Police Station on 16.12.2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicant;

(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change her/his residence till the final disposal of the case;

(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;

(g) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.-

It is hereby made clear that, this order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the applicant who is granted pre-arrest bail;

Rule is made absolute to the aforesaid extent. Direct service is permitted.