Anticipatory bail is an extraordinary remedy, granted sparingly, and only when exceptional circumstances exist; custodial interrogation is essential for effective investigation.

ORDER :

1. Rule returnable forthwith. Learned APP waives service of Rule for and on behalf of the respondent-State.

2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) / under Section 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at Bhestan Police Station, Surat being C.R No.11210070241247 of 2024 for the offences punishable under Sections 54, 61, 109(2), 115(1) and 351(2) of the BNS read with Section 135 of the GP Act.

3. Learned advocate for the applicant has submitted that the present applicant has nothing to do with the offence. It is contended that all allegations are primarily directed against accused No.2, Akhilesh Bharti. Furthermore, the advocate has submitted that the injured has already been discharged from the hospital, indicating that the severity of the incident may not be as grave as alleged. The learned advocate further submits that the applicant is the sole breadwinner of his family and has the responsibility of maintaining them. Additionally, it is pointed out that a cross-complaint has been filed by accused No.2, suggesting that the case involves counter-allegations. It is also submitted that nine prior offenses against the applicant have already been disposed of. Co-accused is already enlarged on bail. On the principle of parity, the advocate argues that the applicant should also be considered for bail. Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions.

4. Learned APP has opposed the present application on the ground that the present applicant is the conspirator. Applicant is the mastermind behind the illegal activities, specifically related to SPA (presumably a reference to an unlawful scheme or association), and was involved in the raid that was conducted. The applicant is said to have a grudge against the complainant and acted as an informer to the police, which led to the raid. The applicant is facing a total of 12 criminal cases, including charges for tampering with evidence and attempting to extort a settlement of the dispute. There are no clear acquittals in these matters, and the applicant has been involved in pressuring witnesses to turn hostile or secure quashing of charges. Though acquitted in some instances, the charges are still pending in other cases. Furthermore, the Learned APP highlights the seriousness of the charges, including involvement in activities related to prohibition, SPA, immoral trafficking, and other serious offenses. Evidence such as Call Detail Records (CDR) has been collected during the investigation, strengthening the case against the applicant. Considering the gravity of the situation and the possibility of the applicant tampering with evidence if granted bail, the Learned APP requests that the bail application be dismissed, stating that the applicant is the main perpetrator and has orchestrated the crimes, including assigning tasks to the co-accused to take revenge on the complainant. In conclusion, the applicant’s alleged involvement in various criminal activities and the risk of influencing the investigation leads to the call for the rejection of the bail plea.

5. Having heard the learned advocates for the respective parties, this Court has considered the rival submissions made by learned counsel for both the sides and considered the material placed on record. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, be