Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.

ORDER :

(HASMUKH D. SUTHAR, J.)

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

[1.0] 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.11204045240372 of 2024 registered with Nadiad Rural Police Station, District Kheda for the offences punishable under Sections 420 , 409 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code , 1860.

[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and his name has surfaced during the investigation. The applicant is working as collecting agent for Aashirvad Finance Company and allegation of forgery is not against the present applicant and the only allegation is that he misappropriated an amount of Rs.32,508/- which he has already deposited back and therefore, now nothing is required to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Further, similarly situated co-accused has been considered for anticipatory bail by the coordinate Bench. 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.

[3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail on the ground that the investigation is at nascent stage and amount is yet to be recovered and investigation to find out whether the applicant is involved in the offence is yet to be carried out and hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

[4.0] 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 following aspects.

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

(2) Allegation is that applicant misappropriated an amount of Rs.32,508 which he has already deposited back and the allegation of forgery is not against the applicant but against accused No.1;

(3) Accused No.3 who was similarly situated to the present applicant and had siphoned Rs.90,000/- and deposited back has been considered by the coordinate Bench of this Court;

(4) No case for custodial interrogation is made out;

[5.0] Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1 , I am inclined to allow the present application.

[6.0] In the result, the