Anticipatory bail may be granted to elderly family members in matrimonial disputes where allegations are generalized (omnibus), there is no evidence of immediate instigation, and custodial interrogation is not deemed necessary to protect personal liberty.

ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat.

2. By way of this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11198002260141 of 2026, registered with Alang Police Station, District: Bhavnagar for the offences punishable under Sections 108 , 80(2), and 54 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 4 of the Dowry Prohibition Act.

3. Learned advocate for the applicant submits that the nature of allegations are such that custodial interrogation at this stage is not necessary. It is further submitted that the applicant will keep herself available during the course of investigation and trial also and will not flee from justice.

3.1 The learned advocate for the applicant further states that the applicant shall abide by all the conditions that may be imposed while granting anticipatory bail to the applicant. Accordingly, it is urged that this application may be allowed and to grant the anticipatory bail to the applicant.

4. As against this, the learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence and requested not to entertain this application.

5. Having heard the learned advocates appearing for the parties and perusing the papers available on record, it is incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in plethora of decisions of the 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 merits of the case, which may prejudice the case of accused, should be avoided. However, following aspects have been taken into consideration:

a) the applicant is a lady aged 56 years and residing at Surat as well as Manar, Bhavnagar;

b) as per the investigation papers, it would appear that the deceased was working at PHC, Kachchh from 2019 to 2021 and from 2021 till death, she was working at Timba, Bhavnagar;

c) it appears that the deceased and her husband had a love affair and it was a love marriage and hence, there prima facie appears to be no question of demand of any dowry;

d) ingredients of offence alleged against the present applicant prima facie appears to be not satisfied inasmuch as marriage span is more than 7 years. It also prima facie appears that there is no instigation soon before the death of the deceased;

e) all co-accused, except husband of the deceased, are all stated to have been granted bail;

f) this Court cannot ignore the growing tendency to implicate all elderly family members in matrimonial disputes through 'omnibus' (generalized) allegations. Sans there being any overt act attributed to the applicant in the comp