R/CR.MA/8646/2025 ORDER DATED: 01/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8646 of 2025 ========================================================== GITABEN LAKHUJI SHIVAJI THAKOR Versus STATE OF GUJARAT ========================================================== Appearance: MR KT BELADIYA(9101) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 01/05/2025 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 her on anticipatory bail in the event of her arrest in connection with the FIR being C.R. No.11192060250128 of 2025 registered with Viramgam Rural Police Station, Ahmedabad Rural for the offences under Sections 65(e) and 65(f) of the Prohibition Act. [2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is a lady accused and merely because she is having 12 past antecedents, she has been arraigned as an accused in the present offence however, there is not an iota of evidence to connect the present applicant with the offence. The alleged muddamal has R/CR.MA/8646/2025 ORDER DATED: 01/05/2025 already been recovered and therefore, 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 present applicant is habitual offender and having 12 past antecedents and whenever released she gets involved in similar type of offences. She has been arraigned as an accused based on specific intelligence and after conducting the raid and recovering country made liquor worth 15,350/- and hence, if the applicant is granted anticipatory bail then she will again indulge in such illegal activity and even 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/8646/2025 ORDER DATED: 01/05/2025 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) Applicant is a lady accused; (2) Offence is not punishable with life imprisonment or death penalty and is triable by the Court of JMFC; (3) Muddamal contraband i.e. country made liquor is recovered during the raid based on specific intelligence but not from the conscious possession of the present applicant; (4) There is no material to connect or suggest that the applicant is involved in the offence; (5) Merely applicant is having 12 similar past antecedents is not a ground to refuse anticipatory bail since accused is governed by presumption of innocence unless proven guilty; [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 R/CR.MA/8646/2025 ORDER DATED: 01/05/2025 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 the FIR being C.R. No.11192060250128 of 2025 registered with Viramgam Rural Police Station, Ahmedabad Rural, 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 residence till the final disposal of the case till further orders; Page 4 of 5 R/CR.MA/8646/2025 ORDER DATED: 01/05/2025 (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 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.- (i) not to enter Viramgam Taluka for a period of six months except for marking presence with the concerned police station; (j) not to indulge in any illegal activity failing which learned Magistrate shall have liberty to issue warrant against the applicant; [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 01/05/2025 14:22:11