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. 11207002250774 of 2025, registered with Godhra B Division Police Station, District: Panchmahal for the offences punishable as alleged in the impugned FIR.

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 himself 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.

4.1 Learned Advocate Mr. M.I.Mansuri for the original Complaint has vehemently opposed the present application of the Applicant and submits that it is only under the pretext of marriage that the applicant had a physical relationship with the victim; otherwise, she would not have succumbed to his promise. Thus, it is argued that the application be rejected.

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 husband of the present complainant expired on 18.11.2019. The victim and the present applicant came into contact, which turned into friendship and ultimately into a love affair. It is alleged in the FIR that the present applicant wanted a physical relationship with the victim; the victim stated that she intended to enter into a physical relationship only after he married her. However, a promise was made that he would try to convince his family members to arrange marriage with the victim. Pursuant thereto, she came to know that the applicant had an illicit relationship with another girl; however, even thereafter, they had a physical relationship once. Both were mature enough to understand the intricacies of the relationship.

b) It is further alleged in the FIR that on 14.12.2025, the present victim once went to the other girl with whom the present applicant is alleged to be in a relationship, who stated that she would be marrying the applicant and that the applicant would not marry the complainant, pursuant to which the applicant was beaten by four persons, one of whom was the cousin brother of the complainant. This incident took place on 14.12.2025, the FIR was