The court granted anticipatory bail, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.

ORDER :

(HASMUKH D. SUTHAR, J.)

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

[1.0] 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.11822004250006 of 2024 registered with Khergam Police Station, District Navsari for the offences under Sections 65(A) (E), 116(2), 81 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 has been falsely enroped in the offence. The allegation is that applicant received order and loaded the prohibited muddamal however, the said muddamal has been seized and therefore, now nothing is required 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.

[3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail on the ground that the applicant is named in the FIR and at his instance, entire offence took place and 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 and is triable by the Court of JMFC;

(2) Allegation is that applicant loaded the vehicle with muddamal but the said muddamal has already been seized and therefore, now nothing is required to be recovered or discovered from the present applicant;

(3) Applicant’ name surfaced from the statement of co-accused and based on mobile CDR details;

(4) Applicant is not having any past antecedent;

(5) No case for custodial interrogation is made out.

[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.

[6.0] 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.11822004250006 of 2024 registered with Khergam Police Station, District Navsari, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety