R/CR.MA/9089/2025 ORDER DATED: 07/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9089 of 2025 ========================================================== SHAIKH MOHAMMAD AYAZ ABUDLHAQ Versus STATE OF GUJARAT ========================================================== Appearance: MR SAHILKHAN A SIPAI(10985) for the Applicant(s) No. 1 MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/05/2025 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. 11199011250073 of 2025 registered with Bharuch Rural Police Station, Dist. Bharuch, for the offences punishable under Sections 303(2), 317(4)(5) and 54 of BNS. [2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant is not named in FIR, but during investigation, his name is surfaced. Notice under Section 35 of the BNSS came to be issued and applicant has joined investigation and then offence under Section 317 of BNS came to be added. Even the applicant is ready and willing to join further investigation. 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. R/CR.MA/9089/2025 ORDER DATED: 07/05/2025 [3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He has submitted that the investigation is at initial stage. The applicant is facing charge of Section 417 as he was fully aware about the fact that the copper cables which was being kept in godown and used in Metro Project and was of stolen goods, he has purchased the goods. Applicant is also having similar nature of antecedents and therefore, if he grants bail, possibility cannot be ruled out to indulge again in such type of illegal activities. Therefore, to unearth truth, 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 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 has purchased the stolen goods which was kept in godown for metro project. (2) Notice under Section 35 of BNSS came to be issued and applicant has joined investigation. Page 2 of 4 R/CR.MA/9089/2025 ORDER DATED: 07/05/2025 (3) In the report filed by Investigating officer, it is mentioned that the applicant has not joined investigation, which is contrary to the statement made by learned counsel for the applicant. (4) Nothing is required to be recovered from the applicant. (5) Considering the quantum of punishment and in absence of any mens rea or knowledge about the stolen goods, Sections 303 and 317 of BNS came to be invoked. (6) He is ready and willing to join further investigation. (7) Merely having past antecedents is not a ground to refuse bail, especially considering that the accused is presumed innocent until proven guilty beyond a reasonable doubt. [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 being C.R. No. 11199011250073 of 2025 registered with Bharuch Rural Police Station, Dist. Bharuch, 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 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; R/CR.MA/9089/2025 ORDER DATED: 07/05/2025 (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 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. [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 07/05/2025 14:47:58