Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and the nature of accusations does not warrant custodial interrogation.

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.

[1.0] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, 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.11196007250086 of 2025 registered with Gorwa Police Station, Vadodara for the offences punishable under Sections 316(2), 318(4), 351(4) and 54 of the BNS.

[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Learned advocate for the applicant has submitted that the present applicant is falsely implicated in the offence. Dispute is civil in nature. Upon instructions, learned advocate for the applicant has submitted that applicant has received an amount of Rs.15,35,000/- and he is ready to repay the same and to show his bona fide, he has filed an undertaking. It is submitted that without prejudice to his rights and contentions, applicant is ready and willing to deposit the same 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 APP has vehemently opposed the application on the ground that applicant is having proclivity that he has duped many people and 19 offences are registered against him under the NI Act.It is submitted that after registration of the complaint, subsequently, he came to know that the present applicant by hatching conspiracy adopting the same modus. It is submitted that numbers of economic offences are committed and in this regard under Section 316(2), 318(4), 351(2) and 54 of the BNS came to be added and learned Chief Judicial Magistrate has been pleased to accept the said report and the said offence is also registered against the present applicant. The present applicant has issued cheques, which were also dishonoured. Considering the aforesaid fact, he has requested to dismiss the present application. If he released on bail, then possibility cannot be ruled out to tamper with the evidence and to adversely affect the case of the prosecution. 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) the allegations levelled against the present applicant is that the present applicant along with the co-accused executed one partnership contract and from the complainant and his friend one Javed received an amount of Rs.31,35,000/- towards the consideration of land. Subsequently, they have executed the said transactions and to return the said amount, two cheques were issued and which were dishonoured and thereby