Anticipatory bail should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.

ORDER :

(HASMUKH D. SUTHAR, J.) 

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 , the applicant accused has prayed to release him on anticipatory bail in the event of him arrest in connection with the FIR being C.R. No. 11206033250062 /2025 registered with Unjha Police Station, Ahmedabad, for the offences punishable under Sections 108 and 54 of the BNS.

[3.0] Learned Senior Advocate for the applicant submits that the applicant has nothing to do with the offence and she is falsely enroped in the offence. It is submitted that the business transactions is with the son of deceased and to come out from the said transactions, the alleged incident took place. The applicant has nothing to do with the deceased. The applicant is falsely implicated in connection with the constructions, the goods were purchased from the present applicant. There was a monetary transactions and to recover the said amount the said cheque was issued and the proceeding under Section 138 came to be initiated by the present applicant. The complaint is filed belatedly. Prima facie, there is no iota of evidence qua instigation or incitement. It is submitted that applicant is ready and willing to join the investigation. 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.

[4.0] Learned Senior Advocate for the respondent No.2 has tendered afÏdavit-in-reply of the respondent No.2, which is taken on record.

[4.1.] Learned APP Mr.H.K. Patel and learned Senior Advocate Mr.Barot have opposed the application and submitted that though applicant has nothing to do with the deceased, but due to constant pressure, mental harassment, an amount of Rs.78 lakh came to be transferred in his account. Thereafter, due to above facts, deceased has not option left to put an end to his life as there was constant pressure, mental harassment and blackmailing on the part of the present applicant. It is further submitted that name of the present applicant is mentioned in the suicide note. Investigation is at nascent stage. If the present application is allowed, 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.

[4.2] To buttress his submission, learned Senior Advocate for the original Complainant has relied upon the decisions of the Hon’ble Apex Court in cases of (i) Chitresh Kumar Chopra vs. State (Government of NCT of Delhi) reported in (2009) 16 SCC 605 and (ii) Praveen Pradhan vs. State of Uttaranchal and Another reported in (2012) 9 SCC 734 .

[5.0] 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 follow