R/CR.MA/8739/2025 ORDER DATED: 02/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8739 of 2025 ========================================================== RAJESH JIVA KOLI Versus STATE OF GUJARAT ========================================================== Appearance: MR SAURABH Y CHANDE(9035) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/05/2025 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 applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11993004250119 of 2025 registered with Bhachau Police Station, Kachchh for the offences punishable under Sections 189(2), 191(2), 191(3), 190, 109(2), 351(3), 115(2), 3(5), 324(3), 125, 296(b), 121(1) and 121(2) of the Bharatiya Nyaya Sanhita, 2023 and section 135 of the Gujarat Police Act. [2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and is falsely enroped in the offence. The complaint is filed keeping grudge of earlier complaint as 7 police personnel had sustained injury in the R/CR.MA/8739/2025 ORDER DATED: 02/05/2025 said incident and merely based on assumption and presumption present applicant is enroped. The only allegation against applicant is that he was member of mob and was pelting stone however, no one has sustained injury and no overt act is attributed to the present applicant. Hence, now nothing remains to be recovered or discovered from the present applicant and 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 has opposed grant of anticipatory bail on the ground that applicant was member of mob of unlawful assembly and he instigated people and 7 police personnel were assaulted. Present applicant if released on bail then the possibility of tampering with evidence cannot be ruled out. Hence, as custodial interrogation of the applicant is required, he has 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) the antecedents of the R/CR.MA/8739/2025 ORDER DATED: 02/05/2025 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 merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects. (1) Offence is not punishable with life imprisonment or death penalty; (2) The only allegation against present applicant is that he was member of mob and was pelting stones and was instigating people to assault police personnel however, injured has walked out of the hospital and is out of danger; (3) Applicant is not having any past antecedent; (4) Nothing is required to be recovered or discovered from the applicant; (5) No case for custodial interrogation is made out. [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 R/CR.MA/8739/2025 ORDER DATED: 02/05/2025 of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application. 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 R/CR.MA/8739/2025 ORDER DATED: 02/05/2025 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 the FIR being C.R. No.11993004250119 of 2025 registered with Bhachau Police Station, Kachchh, 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 himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 06/05/2025 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 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 R/CR.MA/8739/2025 ORDER DATED: 02/05/2025 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 applicant; (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 applicant 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 02/05/2025 15:36:50