The court emphasized that anticipatory bail should be granted only in exceptional cases, considering the gravity of accusations and the accused's history, particularly when public order is at risk.

ORDER :

1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.I-11822004220560 of 2022 registered with Khergam Police Station.

2. Facts of the case are as under :-

2.1. FIR is filed at the behest of Sumitraben Ahir - the wife of the accused Mr. Bhikhubhai Ahir in the First Information Report lodged by Petitioner. The said First Information Report is in relation to the alleged incident of October 08, 2022. It has been stated in the First Information Report that on October 08, 2022 her two sons had been to his shop named and called as Shri. Kika Steel and her husband had gone to Khergam and the first informant was at her residence. Since, till evening neither his sons nor her husband arrived, at about 08.00 pm, her son Dhawal and one Bhavesh of his community along with Hiren and Adarsh arrived at her residence and informed that there was a quarrel with the petitioner in protest about 1500-2000 people have set on the road and very chanting slogans "Bhikhu Ahir Hay Hay, Bhikhu Ahir Hay Hay" and in DJ sound it was being stated that not the petitioner no.1 only is assaulted but entire tribal community is assaulted. At late night at about 10.00 pm, Lata Ahir informed that about 23 people were talking each other including the petitioner and that the shop of Bhikhu Ahir is nearby and therefore, the shops may be ransacked and looted and therefore the petitioner and 3-4 other people stayed thereat, whereas, mob of 30-50 persons armed with sticks and pipes rushed to the shop of the first informant Kika Steel and ransacked and looted cash and other materials. It is alleged that cash of Rs. 1.5 lakhs was looted and there was damage to the shop of Rs. 8 to 10 lakhs. The petitioner is not arraigned as an accused in the aforesaid FIR. Hence, impugned FIR is filed.

3. Heard learned advocate for the petitioner/accused and learned APP for the State.

4. Learned advocate for the petitioner submitted that the petitioner has been falsely involved in the offence. Offence is registered as counter-blast to the FIR filed by the sitting MLA Mr.Anand Patel vide C.R.No.11822004220551 of 2022 dated 09.10.2022. It is submitted that since the petitioner is follower of sitting MLA Mr. Anand Patel, who belongs to other than ruling party, ergo to harass the petitioner, one after another false complaints are filed against the petitioner. It is submitted that FIR is filed after considerable long period. It is also submitted that on reading FIR, no-where role of the petitioner has been attributed in commission of offence. Every time in each offence it is stated that unlawful assembly of people gathered on the spot and have committed offence wherein petitioner was shown as part of unlawful assembly. It is submitted that three FIR are registered against the petitioner for one and same incident and it implies that FIR has been filed to harass the petitioner. It is submitted that all the FIRs are filed to tarnish political image of the petitioner who is supporter of sitting MLA. It is submitted that sitting MLA who has slated to be main accused in the offence has been granted anticipatory bail and therefore, principle of parity is attracted. It is submitted that the petitioner is dragged into offence as he is not following ruling party and is supporter of MLA who belongs to other party.

4.1. Making above submissions, learned advocate for the petitioner submitted that since the petitioner is innocent, he is permanent resident of Navsari and has not played any role in commission of offence but merely, the petitioner was part of people gathered on the spot, has been falsely involved in the offence. The petitioner is ready and willing to extend co- operation to the Investigating Officer. There is no flight-risk. It is submitted that FIR is filed to take revenge against petitioner and therefore, the petitioner sh