Anticipatory bail granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973/under Section 482 of the 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.11186009230376 /2023 registered with Veraval, Police Station : Gir-Somnath for the offences punishable under Sections 306, 506(2) and 114 of the IPC.

2. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. It is submitted that the complaint was filed belatedly, three days after the incident. The allegations against the present applicant are baseless, even if accepted as true. Despite this, based on the suicide note, the present applicant was arrested. It is stated that the present applicant owed an amount of ₹90 lakhs to the deceased, borrowed approximately one year prior, and despite repeated demands, this amount remained unpaid. Beyond this, no other allegations have been made. There are no elements of mens rea or instigation attributable to the present applicant. Furthermore, no antecedents are reported against the present applicant. Now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Applicant is ready and willing to join the investigation. 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. Mr. Mitesh Amin, AAG assisted By Mr H.K. Patel, Additional Public Prosecutor have opposed the application on the ground that the offence is serious one. Present applicant is named in the FIR and as per the suicide note, it appears that his involvement is there. He has also lended the money and applicant has received the money. Thereafter he threatened to the deceased and the alleged incident took place. Based on these facts, the APP has requested the dismissal of the present application. Hence, as custodial interrogation of the applicant is required, they have requested to dismiss the present application.

3.1 Learned advocate for the original Complainant has produced affidavit/objection of the original Complainant, which is annexed at page 55 of the compilation.

3.2 Learned advocate for the original Complainant has vehemently objected the present application and submitted that dispute is qua money transactions, which is sorted out. Hence, he has requested this Court to pass appropriate order.

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) applicant is having no past antecedents.

(3) the allegations against the present applicant is that the accused persons borrowed the money from the deceased prior to 1 year an amount of Rs.90 lakh a