Anticipatory bail is granted based on the applicant's cooperation and lack of necessity for recovery, emphasizing the need for judicious discretion in bail applications.

ORDER :

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

2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (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.11210015240035 of 2024 registered with Surat City DCB Police Station, Surat for the offences punishable under Section 409, and 120(B) of the Indian Penal Code, 1860 (for short “IPC”).

3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. It is submitted that, the present applicant is a lady accused and the applicant is not named in the FIR and alleged transaction made by her husband. Now nothing is required to be recovered or discovered from the present applicant. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed.

7. 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 present applicant is a lady accused and from the date of filing of the application, she remained protected by the co-ordinate Bench of this Court.

(2) Prima facie, it appears that the business Sneha Creation was established and operated by the applicant’s husband. He was later arrested in connection with the present offence and subsequently released on bail.

(3) Nothing is required to be recovered or discovered from the present applicant and she is ready and willing to join the investigation.

8. 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.

9. 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.11210015240035 of 2024 registered with Surat City DCB Police Station, Surat the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that applicant :

(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

(b) shall remain present at the concerned Police Station on 03/04/2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnec