Anticipatory bail is a discretionary power, not an absolute right. It is denied when prima facie evidence, particularly from injured witnesses, confirms active involvement in serious offences, making custodial interrogation necessary for the effective recovery of evidence, investigation integrity, and the discovery of truth.

ORDER :

SANJEEV J.THAKER, J.

1. 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.11213015260189 of 2026 registered with Gondal City Police Station, Rajkot Rural punishable under Sections 109(1), 118(2), 117(2) 115(2), 308(4) and 54 of the Bharatiya Nyay Sanhita, 2023 (`BNS’) and Section 135 of the Gujarat Police Act.

2. RULE. Learned APP waives service of notice for the respondent-State.

3. The brief facts of the case are that the complainant has filed the FIR to the effect that on 04.03.2026 at about 20.30 hours, he was present near his shop in Gondal town when a dispute arose between the complainant and the accused persons allegedly in connection with certain business related issues regarding shop and trading activities and during the course of the said altercation, the accused persons came there and after exchange of words allegedly assaulted the complainant and his friend with fists and kicks and when the complainant’s friend intervened in the dispute, he was also assaulted. Thereafter, both the injured persons were taken to the hospital through the 108 ambulance service and on the basis of the said allegations, the present FIR came to be registered.

4. Learned senior advocate Mr.Vyas appearing for the applicant would submit that the applicant has been falsely implicated; that even assuming that the allegations made in the FIR are true, the ingredients of Section 109(1) of the BNS are not made out and that the facts stated in the FIR are false, exaggerated and motivated and the same have been made with an oblique motive to harass and pressurize the applicant due to personal and property disputes between the parties; that the FIR reveals that the alleged incident is nothing but a sudden quarrel between persons who are known to each other and the entire incident has been unnecessarily magnified with exaggerated allegations; that the offence under Section 308(4) of the BNS has been mechanically invoked by the investigating agency without the basic ingredients of the said offence; that the applicant has been wrongly arraigned as an accused and as the arrest was apprehended, the applicant herein had filed application seeking anticipatory bail before the learned Sessions Court at Gondal being Criminal Miscellaneous Application No.189 of 2026, which was rejected vide order dated 25.03.2026. Hence, this application is filed seeking anticipatory bail.

4.1 It has been argued that the allegations that have been made essentially rest upon the medical papers and the statement of the witnesses and the said material evidence is already available with the investigating agency; that even in the FIR, the name of the present applicant is not stated by the complainant and if the FIR is taken into consideration, it reveals that it is the case of the complainant that the allegations are made against accused no.1-Bitubha Jadeja for trying to dispossess the complainant from his shop; that in the FIR, it has been stated that accused no.1-Bitubha Jadeja and his paternal brother along with two unknown persons have assaulted the complainant on his head with an iron pipe, sticks and wooden paddle (`dhoka’) and tried to kill the complainant; that the complainant has fractured both his hands while trying to save himself and has leg injuries also and when his friend Hardeep intervened, he was also injured and he has also fractured his hand.

4.2 It is further submitted that consid