Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.

ORDER :

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.

1. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant seeks anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11189006241138 of 20224 registered with Tankara Police Station, Morbi, for the offences punishable under Sections 108, 308, 351(3) of BNS and Sections 40 and 42 of Gujarat Money Lenders Act.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and complaint has been lodged with an ulterior motive. Though the deceased was to sell the land to the applicant for consideration of Rs.23,23,000/- and out of the same, the applicant had already paid Rs.10 lacs by way of cheque to the deceased and remaining amount was required to be paid within 11 months from June, 2024. Hence, story stated in the complaint itself is far from truth. There was no instigation on part of the applicant. Alleged transaction took place in June, 2024 and alleged incident took place in December, 2024. The deceased had borrowed money from other persons also and it clearly reveals that, he was in dire need of money and therefore, in absence of any proximate cause, mens rea or any direct nexus of the applicant like suicide note or any corroborative piece of material, he has been arraigned as accused only on the basis of presumption. Hence, nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

3. 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. He has submitted that along with other co-accused, the applicant is named in FIR. The accused had executed a contract and extorted money and recovered interest at a higher rate of 10 %. In this regard, incident took place. Investigation is at very initial stage and prima facie involvement of the applicant is there and possibility cannot be ruled out to tamper with the evidence. Hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

4. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a 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 merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.

(1) Offence is not punishable with life imprisonment or death penalty;

(2) Alleged offence is of June 2024 and FIR is filed on December 2024;

(3) Based on presumption, he has been arraigned as an accused.

(4) There must be some intensity i.e. intention to push the deceased to such decision under which he has no option but to commit suicide. Here no any proximate cause is shown.

(5) Alleged transaction took place in June, 2024 an