Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.

ORDER :

HASMUKH D. SUTHAR, J.

1. RULE. Learned APP waives service of rule for the respondent-State.

2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him/her on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.I-11210064250065 /2025 registered with Godadara Station, Surat for the offences punishable under Sections 316(2), 316(5), 318(3) and 54 of the BNS and Sections 54 and 66(d) of the Information Technology Act.

2. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. Present applicant is not named in the FIR, he is residing at abroad and he is not directly connected with any of the accused. It is submitted that he is ready and willing to join the investigation. Applicant is having no past antecedents. Now nothing is required to be recovered and discovered from the accused 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 advocate appearing on behalf of the original- complainant has opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that applicant’s name is revealed during the investigation on the basis of statement of co-accused viz. Gautam and Bhavesh. It reveals that at the instance of present applicant, account is opened and given the the said account for the use of present applicant towards the commission for each account, they have received 15,000/-. Hence, prima facie involvement is there. Hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application as the present applicant has received the kit and used the said account.

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) applicant is not named in the FIR, his name is surfaced on the basis of statement of co-accused, wherein it is alleged that present applicant has received Rs.15,000/- and kit also, but the prosecution has failed to prove to show anything or any material, which indicates the role of present applicant. It appears that how the account being used and complainant being duped, there is no any evidence or any material, which suggests the entrustment of the property qua present applicant and there is no any allegations of cheating committed by the present applicant and there is no any material, which proves that there is any wrongful gain on the part of the present applicant and any wrongful loss to the complainant;

(3) No antecedent is reported against the present applicant;

(4) nothing is required to be recovered and discovered from the accused;

5. Considering the aforesaid aspe