R/CR.MA/22732/2025 ORDER DATED: 20/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22732 of 2025 ========================================================== TUSHARBHAI JAGDISHBHAI JOSHI Versus STATE OF GUJARAT ========================================================== Appearance: MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1 MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 20/11/2025 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 No. 11198035250755 of 2025 registered with Mahuva Police Station, Bhavnagar for the alleged o3ences as mentioned in the FIR. Page 1 of 7 R/CR.MA/22732/2025 ORDER DATED: 20/11/2025 3. Mr. Ruchit Vyas, learned advocate 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 and the trial, and will not 7ee from justice. He submits that there are no criminal antecedents against the present applicant. 4. Learned advocate 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 him on anticipatory bail. Learned advocate therefore submitted that, considering the above facts, the applicant may be granted anticipatory bail. 5. 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 o3ence. 6. Having heard the learned advocates appearing for the R/CR.MA/22732/2025 ORDER DATED: 20/11/2025 parties and perusing the investigation papers, it is 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 anticipatory 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 o3ence; (iii) the possibility of the applicant to 7ee 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 anticipatory bail, an elaborate examination of evidence and detailed reasons touching the merits of the case, which may prejudice the accused should be avoided. I have considered the following aspects. (A) The applicant had ?led an FIR against the original complainant and other co-accused who had kidnapped R/CR.MA/22732/2025 ORDER DATED: 20/11/2025 him and had beaten him for recovery of the amount which is mentioned in the present FIR, which was allegedly due from him. (B) The original complainant though being in possession of the cheque and promissory note given by the applicant, not having encashed/utilised the same. (C) The dispute in question arises out of business transactions and is essentially of a civil nature. (D) There are no criminal antecedents of the present applicant. 7. 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. R/CR.MA/22732/2025 ORDER DATED: 20/11/2025 State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application. 8. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with FIR No. 11198035250755 of 2025 registered with Mahuva Police Station, Bhavnagar, 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 27.11.2025 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/22732/2025 ORDER DATED: 20/11/2025 (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 o3icer; (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 o3icer and the court concerned and shall not change his residence till the ?nal 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) It is open to the police or the investigating agency to move the learned trial Court for a direction R/CR.MA/22732/2025 ORDER DATED: 20/11/2025 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 in7uence outcome of the investigation or trial, etc.- 9. It is made clear that, order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigating agency, to investigate into the charges against the applicant who has been granted pre- arrest bail. 10. During the trial, the Trial Court shall not be in7uenced by the prima facie observations made by this Court while enlarging the applicant on bail. 11. Rule is made absolute to the aforesaid extent. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) DIVYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/11/2025 17:58:07