Anticipatory bail may be granted when allegations lack substantial evidence and the applicant poses no flight risk, emphasizing a cautious judicial approach.

ORDER :

(HASMUKH D. SUTHAR, J.) 

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[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.11823004250141 / 2025 registered with Dediapada Police Station, Narmada for the o punishable under Sections 65(A)(E), 81, 116-B and 98(2) of the Prohibition Act .

[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence and the allegations against the present applicant is that he is supplier and he has loaded the said contraband in vehicle, except this no allegation is levelled. Merely, on the basis of statement of co- accused, he arraigned as an accused. Even in the complaint, his mobile number is not mentioned 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 appearing on behalf of the respondent-State has opposed present application on that ground that present applicant is named in the FIR and he is indulged in the offence. It is submitted that he has supplied the alleged contraband without any licence. Hence, he has requested to dismiss the present application. If he enlarged on anticipatory bail, then, he may 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 against the present applicant is that he is supplier and he has loaded the contraband from the Maharashtra, which is already seized.

(3) Nothing is required to be recovered and discovered from the accused.

(4) applicant belongs to Maharashtra;

(5) Applicant is having no past antecedents.

(6) Applicant was not found from the spot. On the basis of statement of co-accused, he arraigned as an accused.

[5.0] Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court 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.

[8.0] 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 being C.R. No.11823004250141 / 2025 register