Anticipatory bail granted based on lack of direct involvement in the alleged crime and settlement between parties, emphasizing judicial discretion.

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.11208052240499 of 2024 registered with Bhaktinagar Police Station, Rajkot for the offences punishable under Section 406, 409, 420, 467, 468, 471, 474, 120(b) of the Indian Penal Code, 1860 (for short “ IPC ”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 3 of GPID Act, 2003.

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. The applicant is a saint in the Swaminarayan sect and, with the intention of building a temple, the applicant, along with co-accused, is alleged to have contacted the complainant for the purchase of 510 vighas of land. In this regard, an agreement to sell was executed, and accused Nos. 7 and 8 acted as agents of the present applicant, fixing the consideration at Rs. 3,04,50,000/-. However, the said amount was not paid by the applicant to the complainant. Furthermore, there is no privity of contract, and the present applicant is not a signatory to the agreement to sell that was executed between the parties. The applicant has not received possession of the land, and even today, possession remains with the original owner. The case is based on documentary evidence. 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.

5. Learned advocate appearing for the complainant has produced an affidavit stating that the now matter is settled between the parties and complainant has no objection if the applicant is released on bail. The affidavit is taken on record.

6. 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) It prima facie appears that complaint has been filed belatedly.

(2) It is alleged that the applicant came into contact with the complainant through co-accused and then entered into an agreement to sell and purchased land for the purpose of building a temple. There is no direct privy of contract. It is further alleged that the transaction took place at the behest of the present applicant. Apart from this, no other allegations have been leveled against the present applicant.

(3) The case is based on the documentary evidence.

(4) Nothing is required to be recovered or discovered from the present applicant.

7. Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Siddhar