Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.

ORDER :

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

1.1 By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of her arrest in connection with the FIR being C.R. No. 11203025230799/2023 registered with Junagadh Taluka Police Station, Junagadh for the offences punishable under Sections 323, 307 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. Learned advocate for the applicant has submitted that present applicant is a college going student. During his study, he was residing in hostel and he came into contact with deceased. After sometime, the engagement of the applicant was fixed with another lady. The allegations against the present applicant is that he has blackmailed the deceased. It is submitted that there is no instigation and incitement on the part of the present applicant. There is a delay in lodgment of FIR. Applicant is ready and willing to join the investigation 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. Learned APP has opposed the present application on the ground that the warrant under section 70 Cr.P.C. came to be issued and the present applicant is involved in the offence in connection with one accused, namely Saurav who has developed relationship and tried to blackmail her and his engagement was fixed with another lady. Therefore, the deceased was compelled to commit suicide and she has tried to put an end of her life. It is submitted that investigation is going on and the application of the co-accused namely Saurav has been rejected. Considering the aforesaid fact, he has requested to dismiss the present application. Hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

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) Going through the complaint, it appears that the victim and the present applicant is having affair and due to some reason, some disturbance was created and present applicant has blocked the deceased. Due to this, the disease was unhappy and she tried to cut ven of wrist and also tried to consume the cough syrup. Thereafter the engagement of the present applicant was fixed with another lady and she has put to end her life.

(3) it appears that there was no any direct material or mens area on the part of the present applicant, which suggest the present applicant has incited or instigated the deceased.

(4) Nothing is required to be recovered and discovered from the accused.

(5) applicant is ready and willing to join the