Anticipatory bail granted due to lack of evidence linking applicants to the suicide, emphasizing the need for careful consideration of accusations and applicants' antecedents.

ORDER :

1. Learned counsel for the applicants, on instructions, does not press this application qua applicant Nos.1 and 3 – Patel Sureshbhai Kantilal and Patel Pravinbhai Mohanbhai. Hence, present application stands disposed of as not pressed qua applicant Nos.1 and 3. It is clarified that, applicant Nos.1 and 3 are at liberty to take appropriate recourse under the law. If any application is filed before the concerned authority/Court, the same shall be decided independently, on its own merits, without being influenced by the observations made in this order.

2. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat and Mr. Janak Raval waives Rule for the complainant.

3. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant Nos.2, 4 and 5 seek anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11206033240697 of 2024 registered with Unjha Police Station, Mehsana, for the offences punishable under Sections 108 and 54 of BNS.

4. It is submitted on behalf of the applicant Nos.2, 4 and 5 that, they are falsely involved in the FIR and are not named in FIR. It is alleged against the applicants that, they lended money to the deceased and to recover the said money, the accused caused mental and physical torture, which led the deceased to commit suicide. He further submitted that, in the suicide note, no names of the applicants are mentioned. Mr. Brahmbhatt has relied on the decisions of the Apex Court in the cases of Mahendra Awase Vs. State of Madhya Pradesh, reported in LAWS (SC) 2025-1-69 and Mohit Singhal & Anr. Vs. State of Uttarakhand & Ors, reported in (2024) 1 SCC 417 and submitted that, custodial interrogation at this stage is not necessary. Besides, the applicants is available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.

5. 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 the applicants are named in FIR. The accused extorted money from the deceased and to recover the said amount, tortured and instigated the deceased to commit suicide, due to which, the deceased has consumed pesticides and ended his life. Therefore, as custodial interrogation of the applicants is required, he has requested to dismiss the present application.

6. 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 applicants 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 applicants to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicants 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) The applicant Nos.2, 4 and 5 have no past antecedents.

(2) Whatever the allegation levelled is against accused Arvindbhai  Madhavbhai Patel and Sureshbhai Kantilal Patel.

(3) Nothing is required to be recovered from the applicants.

(4) Even no names of applicant Nos.2, 4 and 5 were found in the suicide  note found in mobile cover of the deceased.

7. Considering the