Anticipatory bail granted considering applicant's cooperation in investigation and absence of need for custodial interrogation.

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.11196008240150 of 2024 registered with J.P. Road Police Station, Vadodara City for the offences punishable under Sections 406 and 420 of the Indian Penal Code , 1860.

[2.0] Learned advocate for the applicant submits that the applicant has joined the investigation and twice his statement is recorded and even he is ready and willing to join the investigation. Hence, 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.

[3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail on the ground that though applicant has joined the investigation he has not cooperated in the investigation and has not disclosed as to where the mobiles are lying and therefore, he has requested to dismiss the present application.

[4.0] Learned advocate for the complainant has also opposed the application and submitted that warrant under Section 72 of the BNSS came to be issued against the applicant and therefore, has requested to dismiss the present application.

[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 following aspects.

(1) Offence is not punishable with life imprisonment or death penalty and triable by the Court of JMFC;

(2) Offences alleged are punishable with imprisonment upto 7 years;

(3) Applicant has joined the investigation and his statement is recorded twice

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

(5) Though warrant under Section 72 of the BNSS is issued, it is worth to mention that applicant appeared before the authority and joined the investigation;

[6.0] Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Asha Dubey vs. The State of Madhya Pradesh rendered in Criminal Appeal No.4564 of 2024 as well as 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.

[7.0] In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with the FIR be