The court established that anticipatory bail can be granted when applicants show no specific involvement in alleged offences and lack past criminal records.

ORDER :

(HASMUKH D. SUTHAR, J.)

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat and Mr. Joshi, learned counsel waives Rule for the complainant.

[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the applicants have prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11209054250015 of 2025 registered with Vadali Police Station, Sabarkantha, for the offences punishable under Sections 189(2), 191(2), 191(3) , 190 , 118(2), 115(2) , 352 and 351(3) of BNS and Section 135 of G.P. Act .

[2.0] Learned advocate for the applicants submits that the applicants have nothing to do with the offence. The applicants have no past antecedent. Complaint is filed against 14 accused and one mob of 20 persons. No specific role is attributed to the applicants. The applicants have not caused any injury. There was no any intention to cause any injuries or harm to the victims. Accused went to the place and at that time, one Nagarji had made an assault by knife, who was arrested and enlarged on bail. Nothing is required to be recovered from the applicants. Except the applicants were members of unlawful assembly, no specific role is attributed to the applicants. They have not caused any injuries and even the injured are out of danger. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.

[3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State and learned counsel for the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence. He has submitted that the applicants were members of unlawful assembly and made an assault. The applicants are on run. Weapon/s are also yet to be recovered. If they are released on bail, possibility cannot be ruled out to tamper the evidence. Co-accused are yet to be arrested. Therefore, custodial interrogation of the applicants is required. Hence, application does not deserve any consideration. AfÏdavit of the complainant is taken on record.

[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 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 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) Alleged incident took place pursuant to one accident. In the said accident, one Jivatben Thakore succumed to death and due to this, to demand money from the complainant, mob of accused persons gathered at the spot and from the said mob, one Nagarji made an assault by knife to the complainant and other witnesses and also beaten by kick and fist blows.

(2) Prima facie it appears that except the applicants were members of unlawful assembly, no any specific role is attributed to the applicants.

(3) Plain reading of the complaint, it appears that during said scufÒe, Vadali Police visited the spot but the accused were not arrested on the same day. Nothing was recovered from