Gujarat High Court
Umedbhai Joraji Rangi vs State Of Gujarat on 29 January, 2025
NEUTRAL CITATION
R/CR.MA/1879/2025 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1879
of 2025
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UMEDBHAI JORAJI RANGI
Versus
STATE OF GUJARAT
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Appearance:
MR JASH S THAKKAR(11271) for the Applicant(s) No. 1
SANJAY V THAKKAR(7803) for the Applicant(s) No. 1
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 29/01/2025
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 the Bhartiya Nagrik Suraksha Sanhit, 2023, the applicant-accused has prayed for enlarging the applicant on anticipatory bail in connection with the F I R be i ng C. R. No . 1 1 1 9 1 0 2 3 2 4 0 6 8 0 o f 2 0 2 4 registered wit h Vadaj Police Station, Ahmedabad.
3. Heard learned advocate for the applicant and learned APP for the respondent - State.
4. Learned advocate for the applicant has submitted that the applicant is apprehending arrest in connection the aforesaid FIR and in this connection the earlier application Page 1 of 5 Uploaded by J.N. WAGHELA(HC00178) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:39:18 IST 2025 NEUTRAL CITATION R/CR.MA/1879/2025 ORDER DATED: 29/01/2025 undefined filed by the applicant before the learned Sessions Court came to be dis-allowed.
5. Learned APP has opposed the present application, inter alia, contending that though the present applicant was not holding any license for carrying the business of money lending, he was in the said business and had lent money to the deceased at the exorbitant rate of interest and since the deceased was unable to repay the said amount, the present applicant was threatening him of dire consequences for repayment of the said money and had also made the deceased forcibly signed several cheques in his favour. Thus, there is an active participation on the part of present applicant in commission of the offence in question. He, therefore, submitted to dismiss the present application.
6. Heard learned Advocates for the parties and perused the material available on record. From the record, it appears that the deceased had borrowed some money from the present applicant at the rate of interest of 10% and since the deceased was unable to repay the said money, it is alleged against the present applicant that he was threatening the deceased of dire consequences, if he did not repay the amount as well as the interest.
7. This Court has considered following aspects, Page 2 of 5 Uploaded by J.N. WAGHELA(HC00178) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:39:18 IST 2025 NEUTRAL CITATION R/CR.MA/1879/2025 ORDER DATED: 29/01/2025 undefined
(a) as per catena of decisions of Hon'ble Supreme Court there are mainly two factors which are required to be considered by this court;
(i) prima facie case
(ii) requirement of accused for custodial
interrogation.
Therefore, in the facts and circumstances of the present case, this court is inclined to consider the case of the applicant.
8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565. Further, this Court has also taken into consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281- 7282/2017 dated 29.01.2020.
8.1 This court has also considered the judgment in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, wherein the Hon'ble Apex Court has Page 3 of 5 Uploaded by J.N. WAGHELA(HC00178) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:39:18 IST 2025 NEUTRAL CITATION R/CR.MA/1879/2025 ORDER DATED: 29/01/2025 undefined observe that whenever there is punishment of 7 years, then the court would be liberal to exercise the discretion.
9. In the result, the present application is allowed. The applicant is ordered to be released on anticipatory bail in the event of arrest in connection with a F I R be i ng No . C. R. No . 1 1 1 9 1 0 2 3 2 4 0 6 8 0 o f 2 0 2 4 registered wit h Vadaj Police Station, Ahmedabad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions;
(a) shall cooperate with the investigation and make available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 5. 0 2. 20 25 between 12.00 Noon and 2.00 p.m.;
(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 Page 4 of 5 Uploaded by J.N. WAGHELA(HC00178) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:39:18 IST 2025 NEUTRAL CITATION R/CR.MA/1879/2025 ORDER DATED: 29/01/2025 undefined concerned and shall not change residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
10. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J) J.N.W / 22 Page 5 of 5 Uploaded by J.N. WAGHELA(HC00178) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:39:18 IST 2025