Gujarat High Court
Vashistha Indramani Upadhayay vs State Of Gujarat on 28 April, 2025
NEUTRAL CITATION
R/CR.MA/541/2025 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 541
of 2025
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VASHISTHA INDRAMANI UPADHAYAY
Versus
STATE OF GUJARAT
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Appearance:
MR ARJUNSINGH B CHAUHAN(11510) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/04/2025
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 CR.
NO 11210004242510/2024, registered with Amroli Police
Station, Surat for offence punishable under Sections. 316(5) and
54 of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS").
3. Learned Advocate appearing on behalf of the applicant
submits that the applicant has nothing to do with the offence
and he is falsely implicated in the offence. It is further submitted
that, considering the nature of the offence, the applicant may be
granted bail with the imposition of suitable conditions.
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4. The learned APP has opposed the grant of bail and
produced a report prepared by Mr. K.S. Kumpawat, Police Sub-
Inspector, Amroli Police Station, Surat City, wherein it is
mentioned that the investigating agency seeks further custody of
the present applicant for the purpose of interrogation. The report
is taken on record. The learned APP has further submitted that,
considering the nature and gravity of the offence, the present
application deserves to 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
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 the applicant has complied
with the notice under Section 35 of the BNSS and joined
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the investigation and has cooperated with the investigating
agency. It is needless to say that when the applicant is
ready and willing to join the investigation, and has already
demonstrated his bona fides by cooperating with the
investigation, custodial interrogation is not necessary, as
he remains available to assist the investigating agency.
(2) The case is of a civil nature, and the prosecution is giving it
a criminal color.
(3) There is nothing required to be recovered or discovered
from the present applicant.
(4) In view of the judgment passed by the Hon'ble Apex Court
in the case of Lalit Chaturvedi & Others v. State Of Uttar
Pradesh, reported in 2024 SCC Online SC 171 and R.
Shashirekha v. State Of Karnataka, reported in 2025 INSC
402, the issue requires consideration.
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
(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 the FIR being CR. NO 11210004242510/2024,
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registered with Amroli Police Station, Surat 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 05/05/2025 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
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,
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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. Application
is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
