Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.

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 Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant seeks anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216011240628 of 2024 registered with Infocity Police Station, Gandhinagar, for the offences punishable under Sections 409 and 114 of the Indian Penal Code, 1860.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been falsely roped in the offence. The applicant was employee of one Overseas Gate situated at Kudasan and as per the allegations made in the FIR itself, it reveals that the applicant has received Rs.11 lacs at the behest of Gagandip Singh and whatever the transactions took place were with Gagandip Singh. It is further alleged that, as the complainant was intended to secure his Canada visa, he had given the work to the accused and for that, the complainant had given Rs.11 lacs to the present applicant and as the work entrusted was not completed, the complainant demanded money back and against which, cheque was issued, but it was dishonored. In this regard, FIR came to be filed. The applicant has no past antecedent. There is no direct involvement of the applicant is there, Except this, no role is attributed to the applicant. However, the applicant is ready and willing to pay deposit some amount to show his bonafide. 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 looking to the nature and gravity of the offence. He has submitted that the applicant and co-accused have committed fraud with many persons and total duped Rs.92 lacs. The applicant has played active role in this offence and has received money and as investigation is still going on, custodial interrogation is required.

3.1 Learned counsel for the complainant has objected the present application and submitted that, the applicant has played active role in the offence and has received money from the complainant and did not complete the work as promised by him. Neither the applicant or co-accused returned the money. The applicant has also duped money of other people. Therefore, 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 avoid