Anticipatory bail granted based on lack of evidence against the applicant and cooperation with the investigation, emphasizing judicial discretion in bail decisions.

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 has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11214020250174 of 2025 registered with Kamrej Police Station, Surat Rural, for the offences punishable under Sections 303(1), 316(3), 316(4), 317(1), 317(2), 317(4), 318(3), 61(2)(a) and 54 of BNS.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant was not present at the scene of offence. He has been arraigned as an accused merely based on the statement of the accused No.5, who is driver, alleging that he was sent by the applicant with dumper containing low quality coal. In fact, the applicant is carrying out legal business of fire clay and he has sent the accused No.4 with the dumper along with invoice and deliver challan. It is alleged that when the raid was conducted by the police, at that time, driver of the applicant reached to the spot and upon interrogation, it was found that the said vehicle was loaded with coal and police opined that said coal was of inferior quality for the purpose of mixing in higher quality fire clay. Except the same, there is no allegation against the applicant. The stocks already recovered by the police. Except this, no role is attributed. No any loss caused to the complainant. No any evidence or proof which suggests the involvement of the applicant in the offence. Nothing is required to be recovered from the applicant. 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 along with other accused are in activities of theft of higher quality of coal. The applicant in connivance with other accused used to supply the inferior quality of coal. Investigation is still going on and therefore, prima facie involvement of the applicant is revealed. Hence, application does not deserve any consideration.

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) The complaint is filed by State Monitoring Cell and when SMC has received information that one Sangram Gohil is indulged in illegal activity of supplying inferior quality and he brings truck in his godown and took out the imported coal and mixed it with inferior quality of coal. In this regard, raid was conducted at the godown where dumper came at the spot and its driver was interrogated and based on the statement of his driver, he has been arraigned as an a