R/CR.A/988/2025 ORDER DATED: 28/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 988 of 2025 =============================================================== GANPATBHAI OKHABHAI JOSHI Versus STATE OF GUJARAT & ANR. =============================================================== Appearance: MR TUSHAR CHAUDHARY(5316) for the Appellant(s) No. 1 MR JAGDISHBHAI K CHAUHAN(11689) for the Opponent(s)/Resp.(s) No. 2 PRATEEK S BHATIA(8629) for the Opponent(s)/Respondent(s) No. 2 MR HK PATEL, APP for the Opponent(s)/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 No.1 – 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 applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11195050250225 of 2025 registered with Tharad Police Station, Dist. Banaskantha, for the offences punishable under Sections 108, 351 (3), 61(2) and 54 of the BNS and Section 3 (2)(v) of the Atrocities Act. [2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant is accused No.2. Allegation against the applicant is that, he appeared as dummy student on behalf of accused No.1 and entire incident took place in connection with appearance of dummy student. Complaint is registered against six persons along with DEO. As son of the complainant serving as a teacher in the school, preliminary inquiry was conducted and was suspended. But prior to suspension, he deceased has committed suicide and has uploaded whats app status, wherein he had stated that, he is innocent but Ganeshbhai R/CR.A/988/2025 ORDER DATED: 28/04/2025 Laljibhai and Ganpatbhai have hatched conspiracy against him and based on the same, the applicant has been arraigned as an accused. The applicant has not played any role qua abetment or instigation to the deceased. Only he has appeared as dummy student and for that, separate offence under sections 319 (2), 336 (2), 340(2) and 61 of BNS has been registered at the same police station. Departmental inquiry was conducted and during preliminary inquiry, certain documents are collected. The applicant has not issued any hall tickets or preparing any forged documents. No active participation of the applicant is there. Except registration of one complaint for the same incident, he has no any past antecedent. Therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. [3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State and learned counsel for the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that, the accused No.6 has filed quashing petition which is pending. Role and allegation of the applicant is clearly spelt out in the complaint and suicide note. From the whats up status, role of the applicant is clearly revealed. The applicant is conspirator. Therefore, custodial interrogation is required. Hence, application does not deserve any consideration. [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) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on R/CR.A/988/2025 ORDER DATED: 28/04/2025 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 merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects. (1) Allegation against the applicant is that, he had appeared as dummy student in the examination and in this regard, preliminary inquiry was conducted. (2) In whats app status, it is stated that the applicant and Ganeshbhai Laljibhai have hatched conspiracy, except this, no specific role qua the applicant is attributed and for that, the applicant is already facing charges of another FIR lodged at same police station. (3) Except that another FIR for the same incident, the applicant has no past antecedent. (4) he is ready and willing to cooperate with the investigation. (5) Nothing is required to be recovered from the applicant. (6) There is no mens rea, instigation or proximity cause which suggests that the applicant has abetted the offence. [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 applicant in connection with FIR R/CR.A/988/2025 ORDER DATED: 28/04/2025 being C.R. No. 11195050250225 of 2025 registered with Tharad Police Station, Dist. Banaskantha, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that applicant: (a) shall cooperate with the investigation and make herself 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 applicant; (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 shall not change her/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 person who seeks and is granted pre-arrest bail; (h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) 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 applicant on bail. Page 4 of 5 R/CR.A/988/2025 ORDER DATED: 28/04/2025 [8.0] Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 28/04/2025 16:43:20