Anticipatory bail may be granted where there is a prima facie lack of mens rea, significant physical disability of the accused, and parity with co-accused, especially when evidence suggests the accused's identity or accounts were misused by others.

ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat.

2. By way of the present 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. 11191023240530 of 2024 registered with Vadaj Police Station, Ahmedabad for the alleged offences as mentioned in the FIR.

3. Learned advocate Mr. A. S. Timbalia for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice. He further submits that as per the case of the prosecution, the so-called incident is occurred on 25.07.2024 and it has come on surface on 28.08.2024 and on the same day, FIR is registered against the accused No.1. Pursuant to the registration of the FIR, investigation commenced and accused No.1 has been apprehended and during the course of interrogation of the accused No.1, name of other persons have also come on surface and they were apprehended and thereafter released on regular bail. He further submits that thereafter charge-sheet against the co-accused has also been submitted by the investigating ofÏcer before the competent court, wherein, name of the applicant is shown as an absconding accused and therefore applicant is seriously apprehending his arrest at the hands of the investigating ofÏcer. He, therefore, preferred present application seeking anticipatory bail. The applicant is bad ridden and 70% disabled. His disability certificate is also annexed along with the memo of the application. He further submits that in fact nephew of the applicant and accused No.1 came into contact with each other and prima facie it seems that entire conspiracy and plan to dupe the concerned Government agency has been orchestrated by those accused persons. He further submits that entire Government money, which was credited in the account of the applicant has been transferred in the account of other co-accused. He further submits that account of the applicant has been opened by the nephew of the applicant, wherein, mobile number of nephew of the applicant is given and said fact is also fortified from the document produced along with the memo of the application. He further submits that nephew of the applicant and other accused were enlarged on regular bail on a condition to deposit the entire amount which was credited in their account and accordingly nephew of the applicant and other accused have already deposited the said amount. The applicant is not directly and/or indirectly connected with the commission of crime. He further submits that number of authorities are there to check the discrepancies in the bills and after getting approval from those authorities, bills were cleared. So far as the role of the applicant is concerned, it is alleged that government money is credited in his account. However, as submitted above, the said amount has been transferred in the account of other co-accused. The said fact is also fortified from the bank account statement of the applicant. He further submits that in fact the person in whose account the said amount has been transferred from the bank account of the applicant has been shown as a witness and the applicant has been arraigned as an accused only because of the fac