The Gujarat High Court has granted anticipatory bail to five relatives of a man accused of being involved in a case concerning the pronouncement of talaq. Justice Sanjeev J. Thaker passed the order on September 21, 2026, after considering the allegations, the applicants’ criminal antecedents and the circumstances placed before the Court. The order records that the allegations against the applicants were limited to supporting and instigating the husband.
Background
The application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking protection from arrest in connection with FIR C.R. No.11195035260824 of 2026 registered at Palanpur Taluka Police Station, Banaskantha.
The FIR invoked Sections 85, 351(2) and 54 of the Bharatiya Nyaya Sanhita (BNS), along with Section 4 of the Muslim Women (Protection of Rights on Marriage) Act. The applicants submitted that custodial interrogation was not necessary at that stage and assured the Court that they would cooperate with the investigation and remain available during the proceedings. The State opposed the plea, citing the nature and gravity of the allegations.
Justice Thaker noted that while considering anticipatory bail, the Court has to exercise its discretion carefully, keeping in view factors such as the nature and seriousness of the accusation, the applicants’ past record, the possibility of fleeing from justice and other relevant circumstances.
On the facts before it, the Court noted that the allegations against the applicants were that they supported the husband and instigated him to give talaq to the complainant. The Court also recorded that the offences were not punishable with life imprisonment or death penalty and that the applicants had no past criminal antecedents.
The Court relied upon the principles governing anticipatory bail laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, Gurbaksh Singh Sibbia v. State of Punjab and Sushila Aggarwal v. State (NCT of Delhi).
Allowing the application, the Gujarat High Court directed that, in the event of arrest or appearance in connection with the FIR, the five applicants be released on anticipatory bail on furnishing a personal bond of ₹10,000 each with one surety of the same amount.
The Court imposed conditions requiring them to cooperate with the investigation, refrain from influencing witnesses, avoid obstructing the investigation, appear before the concerned police station on September 28, 2026, and not leave India without the Court’s permission.
The Court also clarified that its prima facie observations would not influence the trial and that the investigation into the allegations would remain unaffected.
Case Title: Rahimaben Abdulkarim Manasiya & Ors. v. State of Gujarat
