R/CR.MA/18062/2025 ORDER DATED: 04/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18062 of 2025 ========================================================== HIRALAL VAKHALA BHIL (GAMETI) Versus STATE OF GUJARAT ========================================================== Appearance: MR JM BAROT(143) for the Applicant(s) No. 1 MS. JYOTI BHATT, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 04/09/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 2. 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.11209055250200 of 2025 registered with Vijaynagar Police Station, Sabarkantha for the alleged offences as mentioned in the FIR. 3. Learned advocate Mr. J.M. Barot appearing for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice. Learned advocate Mr. Barot also submits that the alleged offence is triable by the court of Magistrate. Learned advocate Mr. Barot further submits that the present applicant is a labourer and the R/CR.MA/18062/2025 ORDER DATED: 04/09/2025 only role attributed to the present applicant is that he loaded the prohibited liquor along with the other co-accused from Rajasthan, and the said co-accused attributed with the similar role than that of the present applicant, has already been enlarged on anticipatory bail by a Coordinate Bench of this Court. He submits that the prohibited article was not found from the conscious possession of the present applicant, and he has been arraigned as an accused on the basis of the statement made by the co- accused. Moreover the applicant does not have any past antecedents. Learned advocate Mr. Barot for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions that may be imposed while releasing the applicant on anticipatory bail. Learned advocate, therefore, submits that considering the above facts, the applicant may be granted anticipatory bail. 4. 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 submits that the specific role of the applicant is clearly spelt out from the body of the complaint. Therefore, considering the above stated aspects, at this stage, the Hon’le Court may not exercise discretion in favour of the applicant. 5. Having heard the learned advocates appearing 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 R/CR.MA/18062/2025 ORDER DATED: 04/09/2025 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. (a) That, the prohibited liquor was not found from the conscious possession of the applicant, however, the applicant has been arraigned as an accused on the basis of the statement made by the co-accused; (b) That, the similarly situated co-accused has already been enlarged on bail by a Coordinate Bench of this Court; (c) That, the alleged offence is a Magistrate Triable offence; (d) That the applicant does not have any past antecedents; 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 R/CR.MA/18062/2025 ORDER DATED: 04/09/2025 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. 7. 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.11209055250200 of 2025 registered with Vijaynagar Police Station, Sabarkantha, 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 08.09.2025 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 applicants; (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 R/CR.MA/18062/2025 ORDER DATED: 04/09/2025 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.- 8. 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. 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) VAHID Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/09/2025 14:46:35