The court established that anticipatory bail may be granted if the applicant poses no flight risk and has no prior criminal record, emphasizing the need for judicial discretion in such matters.

ORDER :

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – 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 C.R. No.11189003242047 of 2024 registered with 'A' Division Police Station, Morbi City for the offences punishable under Sections 386, 506(2) and 114 of the Indian Penal Code, 1860 and sections 40 and 42 of the Gujarat Money Lenders Act.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is falsely enroped in the offence. The allegation is that the complainant borrowed Rs.2 lakh from accused No.2 at the say of accused No.1 pursuant to which complainant paid in total Rs.22 lakh to the accused persons and the accused persons forcibly got executed agreement to sell from the complainant in connection with his land situated at Manekwada village and also taken two blank cheques of the complainant and in this regard complaint is filed. The complainant himself appeared before the Sub-Registrar and voluntarily made a statement that he has received the money towards the said land and even civil suit as regards specific performance of said agreement to sell is also pending. Further, the applicant is not having any past antecedent. 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 has extorted the money and put the complainant in fear to execute agreement to sell and forcibly got executed the said document and also received two blank cheques forcibly and therefore, said two cheques are yet to be recovered for which custodial interrogation is required and therefore, 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;

(2) The allegation is that the complainant borrowed Rs.2 lakh from accused No.2 at the say of accused No.1 pursuant to which complainant paid in total Rs.22 lakh to the accused persons and the accused persons forcibly got executed agreement to sell from the complainant in connection with his land situated at Manekwada village and also taken two blank cheques of the complainant and in this regard complaint is filed. The complainant himself appeared before the Sub-Registrar and voluntarily made a statement that he has received the money towards the said land and ev