Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.

ORDER :

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.

1. 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 I-C.R. No.114 of 2018 dated 27.06.2018 registered with ‘B’ Division Police Station, District Junagadh for the offences punishable under Sections 406, 403 and 408 of the Indian Penal Code, 1860.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and is falsely enroped in the offence. The FIR is filed belatedly. The applicant joined the complainant namely Divya Bhaskar Group as a DTP In Charge in the year 2007 and thereafter got promotion from time to time. That, due to some issue qua wages the applicant being the Union leader raised issued against the company and keeping grudge of the same, present FIR is filed alleging misappropriation by the present applicant and that too during the years 2015 to 2018 and belatedly in the year 2018, the FIR is filed. Further, the applicant had filed quashing petition before this Court wherein the applicant was protected however, said quashing petition came to be dismissed. However, the applicant has already joined the investigation and 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. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail on the ground that applicant is involved in serious offence and recovery qua the misappropriated amount is yet to be done as the applicant has siphoned away Rs.11 lakh towards commission or other amount received on behalf of the members of Divya Bhaskar group. Even the quashing petition is dismissed and prima facie case is found against the present applicant and hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

4. 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) Alleged offence is of the year 2018;

(3) The allegation is that applicant received amount from the clients of Divya Bhaskar Press towards job work which he has not deposited with the Divya Bhaskar