The court emphasized the need for judicious discretion in granting anticipatory bail, considering the nature of accusations and the applicant's judicial custody status.

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.11200011241172 / 2024 registered with Valsad Rural Police Station, Valsad for the offences punishable under Sections 65(a), 65(e),98(2) and 116-B of the Prohibition Act and Sections 465, 468 and 471 of the Indian Penal Code.

[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. Applicant is not named in the FIR. The alleged incident took place on 18.06.2024, on the date date, he was detained in the judicial custody in connection with FIR being CR No.11208003 24 0538 of 2024, registered with Gandhigram-2 (University) Police Station, Rajkot City for the offence punishable under Sections 504 and 506 of IPC and Sections 3(2)(5-A) of the Atrocity Act. Counter of the charge-sheet is produced on record, wherein clearly stated that applicant was arrested on 17.05.2024. Charge-sheet is submitted on 27.06.2024 and accused was in the judicial custody. Nothing is required to be recovered and discovered from the accused. No contraband or liquor is found form his conscious possession 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. He is ready and willing to join the investigation. In view of the above, the applicant may be granted anticipatory bail.

[3.0] Learned APP has submitted a report, which is taken on record.

[3.1] Learned advocate Mr.Jay Ramesh Ribadhiya for KD Shelajiya is appearing for the Complainant. He is permitted to file his appearance.

[3.2] Learned APP appearing on behalf of the respondent-State and learned advocate for the original Complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP has submitted that sufficient material is collected against him and he is involved in the offence. One Creta Car was found with forged number plate and driver fled away. The vehicle loaded with contraband was with forged number plate. Due to this, to trace out, the real number and owner of the vehicle, based on the chasis and engine numbers, the Registered Owner of the vehicle was traced out and statement of one Chhelabhai Karmanbhai Ratadiya was recorded. In the statement, it was found that present applicant was engaged in the purchase and sell of the second hand vehicle and he has purchased the said vehicle from one Chhelabhai and said vehicle was used in commission of the offence. Applicant is having past antecedents. 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 evidenc