Anticipatory bail granted as no prima facie case established for custodial interrogation or essential elements of the charges.

ORDER :

M. R. MENGDEY, J.

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11214020250172 of 2025 dated 17.01.2025 registered with Kamrej Police Station, Surat Rural for the offences punishable under Sections 287 , 3 36(2) , 3 36(3) , 3 40(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNSS ”) and sections 3 and 7 of the Essential Commodities Act .

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he has been falsely implicated in the offence. The applicant is in the business of bus transport service in the name and style of Jai Khodiyar and having license of storage and to use as fuel he purchased the distillate oil under the pretext of said oil to be bio-diesel and vehicle was intercepted and at the fuel station co-accused Hitesh was working from whom he had sent through whatsapp soft copy of the bill issued by Reliance Industries. It is alleged that the said bill No.142082 was forged however, the Reliance Industries has clarified that said bill is issued by Reliance Industries but they have not mentioned Eicher Tanker No.GJ-03-BV- 6870 and the muddamal stored in the said vehicle was not sent by Reliance Industries. Hence, now 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 on the ground that with intention to make profit the applicant has unauthorizedly used bio-diesel as fuel for his transportation purpose. Further, he has sent the soft copy of bill which is forged one as date is mentioned 08.01.2025 and when co-accused was intercepted, at that time he stated that from Payal Trading the said goods is purchased and therefore, to investigate all these aspects, custodial interrogation is required and therefore, 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 and triable by the Court of JMFC;

(2) So far as allegation of forgery is concerned, Reliance Industries itself has confirmed that Bill No.142082 dated 08