R/CR.MA/6602/2025 ORDER DATED: 28/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6602 of 2025 ========================================================== JAYDIP JAYESHBHAI CHAVDA & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR LAXMANSINH M ZALA(5787) for the applicants(s) No. 1,2 MR MOHITSINH A JADEJA(13111) for the Respondent(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 28/04/2025 ORAL ORDER RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. [1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicants accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11211031240383 of 2024 registered with Limbdi Police Station, District Surendranagar for the offences punishable under Sections 115(2), 352, 351(2), 189(2), 191(2), 191(3), 190, 324(4) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and section 135 of the Gujarat Police Act. [2.0] Learned advocate for the applicants submits that the applicants have nothing to do with the offence and the applicants have been falsely enroped in the offence. The incident took place in two parts and whatever allegations levelled are against accused No.1 Purvadeep R/CR.MA/6602/2025 ORDER DATED: 28/04/2025 Bharatbhai Chavda who has already been arrested and released on regular bail. The muddamal chain is already recovered and even subsequently settlement has taken place and the original complainant has no objection if the applicants are granted anticipatory bail. Hence, now nothing remains to be recovered or discovered from the present applicants and therefore, custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. [3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State as well as learned advocate for the original complainant have opposed grant of anticipatory bail on the ground that the offence is serious one and merely because compromise has been arrived at between the parties, is not a ground to grant anticipatory bail to the applicants. Present applicants were members of unlawful assembly who came armed with deadly weapons in collusion and conspiracy with other co-accused and made an assault and even other co-accused are having past antecedents. The investigation is at nascent stage and hence, as custodial interrogation of the applicants is required, they have requested to dismiss the present application. [4.0] Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble 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) R/CR.MA/6602/2025 ORDER DATED: 28/04/2025 the antecedents of the applicants 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 applicants to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicants by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects. (1) The present applicants are accused Nos.4 and 6; (2) The offence took place in two parts. In first part, accused No.1 Purvadeep Chavda came in Thar car at full speed and entered into verbal altercation with Bhavinbhai and even slapped him and in the second part accused No.1 called his relatives i.e. present applicants and other co-accused however, accused No.1 is arrested and subsequently released on regular bail; (3) Even the original complainant has no objection if the applicants are granted anticipatory bail as he has settled the dispute with accused No.1; (2) Though it is alleged that present applicants came armed with deadly weapons but no any evidence which suggests that applicants have caused any injury or committed any overt act and even the missing chain has already been recovered; (3) Other co-accused are arrested and released on regular bail; (4) Substantial part of investigation is over and nothing is required to be recovered or discovered from the present applicants; (5) Applicants are not having any past antecedent; (6) No case for custodial interrogation is made out. Page 3 of 5 R/CR.MA/6602/2025 ORDER DATED: 28/04/2025 [5.0] Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application. [6.0] In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicants in connection with the FIR being C.R. No.11211031240383 of 2024 registered with Limbdi Police Station, District Surendranagar, the applicants shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount on the following conditions that applicants : (a) shall cooperate with the investigation and make themselves available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 05/05/2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicants; (c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer; (d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) shall at the time of execution of bond, furnish the address to the investigating ofÏcer and the court concerned and R/CR.MA/6602/2025 ORDER DATED: 28/04/2025 shall not change his residence till the final disposal of the case till further orders; (f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week; (g) an order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the applicants; (h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) of the BNSS to arrest the accused, in the event of violation of any term, such as absconding, non- cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.- [7.0] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail. [8.0] Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/04/2025 15:19:52