Facts of the Case

This is a criminal law bail matter unrelated to GST; the applicant's GST number is mentioned only to describe his business as a goldsmith, not as a subject of dispute. Ankitkumar Babulal Sanghavi filed R/Criminal Misc. Application (For Anticipatory Bail) No. 16538 of 2023 before the Gujarat High Court under Section 438 CrPC, apprehending arrest in connection with an FIR registered at Panigate Police Station, Vadodara, for offences under Sections 380, 454 and 457 IPC (theft and house-trespass). The applicant stated he was not named in the FIR and ran a goldsmith business under the name Nakoda Jewelers, for which he held a GST registration.

Issues Involved

  1. Whether the applicant, not named in the FIR, was entitled to anticipatory bail given the nature of the allegations.

Petitioner's Arguments

  • The applicant argued he was not named in the FIR, that custodial interrogation was not necessary given the nature of the allegations, and that he would cooperate with the investigation and not flee.
  • He offered to abide by all conditions imposed, including cooperation with any remand application.

Respondent's Arguments

  • The Additional Public Prosecutor's specific objections are not elaborated in the extracted portion, but the State opposed unconditional bail and reserved the investigating agency's right to seek police remand.

Court Order / Findings

  • Justice Hasmukh D. Suthar granted anticipatory bail to the applicant, directing his release on furnishing a personal bond with two reliable sureties, subject to conditions including making his address available, cooperating with any remand application, and not leaving India without permission.
  • The Court clarified that even if remanded to police custody, the applicant would be released on completion of that period, subject to the other bail conditions.
  • The Court directed that the Trial Court not be influenced by the prima facie observations made while granting bail.
  • The application was disposed of accordingly, with direct service permitted.

Important Clarification

This is a routine anticipatory bail order in an IPC theft case; the applicant's GST registration is mentioned solely to identify his business and plays no role in the legal reasoning. It offers no guidance on GST law.

Sections Involved

  • Indian Penal Code, 1860 — Sections 380, 454, 457 (theft, house-trespass).
  • Code of Criminal Procedure, 1973 — Section 438 (anticipatory bail).

Decision – In Favour of

Decided in favour of the applicant; anticipatory bail was granted subject to conditions — a criminal law order with no GST issue.

Case Details

Court: High Court of Gujarat at Ahmedabad
Case No.: R/Criminal Misc. Application (For Anticipatory Bail) No. 16538 of 2023
Coram: Justice Hasmukh D. Suthar
Date: 19.10.2023
Parties: Ankitkumar Babulal Sanghavi vs. State of Gujarat

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