Desai Ramabhai Haribhai vs State Of Gujarat

Utkarsh Thakorbhai Desai, J

Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat.

By way of this 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. 11206005250209 of 2025, registered with Bavlu Police Station, District: Mahesana for the offences alleged in the FIR.

Learned advocate for the applicant submits that the nature of allegations are such that 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. The learned counsel for the applicant, on instructions, submits that the applicant has already appeared before the concerned police authority as per the order dated 12.09.2025 of the Coordinate Bench. He has further submitted that the applicant has provided specimens of his handwritings to the IO for sending the same to the FSL, Gandhinagar.

3.1 The 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.

3.2 The learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.

Having heard the learned advocates appearing for the parties and perusing the papers available on record, it is incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merits of the case, which may prejudice the accused, should be avoided. I have considered the following aspects:

a) the applicant is a senior citizen;

b) the applicant has no past antecedents;

c) the applicant has presented himself before the concerned police authority as per the order of the Coordinate Bench dated 12.09.2025.

Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Others, reported in (2011) 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Others, reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi), reported in (2020) 5 SCC 1, I am inclined to allow the present application.

In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with the above-referred FIR, 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 available for interrogation whenever required;

(b) 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;

(c) 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;

(d) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;

(e) 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;

(f) 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.

6.1 At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.

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.