Anticipatory bail may be granted when prima facie evidence contradicts the allegations in a suicide note and the applicant's role is limited to that of an intermediary, provided the applicant agrees to cooperate with the investigation.

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.11213099260071/26, registered with Metoda GIDC Police Station, District:Rajkot for the offences punishable under Sections 108 and 54 of BNS, 2023 and Sections 40 and 42 of the Gujarat Money Lending 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 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.

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) Though the suicide note suggests that the present applicant had taken away the land of the deceased, Vipin, the investigation papers indicate otherwise. It transpires that the land in question had already been sold in 2016 by the complainant himself, and the deceased had no objection to the same. An affidavit to that effect was also executed by all family members, including the deceased.

b) The investigation further reveals that the present applicant neither lent any money nor purchased the land, but merely acted as an intermediary between Amitbhai, who had advanced money to the deceased’s father. It also emerges from the statement of Amitbhai that, as the amount of Rs. 2 crores lent through the present applicant was not repaid, the land standing in his name was sold to Sanjaybhai Padaliya.

c) In such circumstances, the allegation that the present applicant had taken away the land does not, prima facie, inspire confidence. The applicant is already protected by an order of this Court.

d) the applicant has one past antecedents;

e)