R/CR.MA/8780/2025 ORDER DATED: 02/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8780 of 2025 ========================================================== DAYBEN DHUDABHAI SOLANKI & ORS. Versus STATE OF GUJARAT ========================================================== Appearance: DAKWALA JAY S(13856) for the Applicant(s) No. 1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9 VIRAL K SHAH(5210) for the Applicant(s) No. 1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/05/2025 ORAL ORDER 1. RULE. Learned APP waives service of rule for the respondent-State. 2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (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.11198020240672 of 2024 registered with Ghogha Police Station, Bhavnagar for the offences punishable under Section 3, 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020. 3. Learned Advocate appearing on behalf of the applicants submits that the applicants have nothing to do with the offence and they are falsely implicated in the offence. It is submitted that the present applicants are the legal heirs of late Shri R/CR.MA/8780/2025 ORDER DATED: 02/05/2025 Pursottambhai and have been falsely implicated in a land grabbing offence. The Gujarat Revenue Tribunal (GRT) has already declared tenancy rights in their favour. Subsequently, a civil suit was also filed against the legal heirs of late Shri Kodabhai Bhagwandas, which was partly allowed in favour of the present applicants. Thereafter, the present complainant adopted a shortcut method and initiated land grabbing proceedings against the applicants. The Superintendent of Police has clearly opined that the present applicants have rights and interests in the said land and has categorically stated that no case is made out against them under the Land Grabbing Act. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions. 4. Learned APP appearing on behalf of the respondent-State has opposed grant of bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed. 5. 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 conviction by a Court in respect of R/CR.MA/8780/2025 ORDER DATED: 02/05/2025 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) Prima facie it appears that present applicants are the legal heirs of late Shri Pursottambhai. (2) The Gujarat Revenue Tribunal (GRT) has already declared tenancy rights in their favour. Subsequently, a civil suit was also filed against the legal heirs of late Shri Kodabhai Bhagwandas, which was partly allowed in favour of the present applicants. Thereafter, the present complainant adopted a shortcut method and initiated land grabbing proceedings against the applicants. (3) The Superintendent of Police has clearly opined that the present applicants have rights and interests in the said land and has categorically stated that no case is made out against them under the Land Grabbing Act. 6. 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 R/CR.MA/8780/2025 ORDER DATED: 02/05/2025 (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application. 7. 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.11198020240672 of 2024 registered with Ghogha Police Station, Bhavnagar 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 himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 09/05/2025 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 officer; (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 officer 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 before the Trial Court within a week; (g) an order of anticipatory bail does not in any manner R/CR.MA/8780/2025 ORDER DATED: 02/05/2025 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) 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.- 8. 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. 9. Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 02/05/2025 17:43:32