Gujarat High Court
Akil Soyabbhai Kasmani vs State Of Gujarat on 10 February, 2025
NEUTRAL CITATION
R/CR.MA/2006/2025 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 2006
of 2025
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AKIL SOYABBHAI KASMANI
Versus
STATE OF GUJARAT
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Appearance:
MR POOJAN V BAHRANI(12056) for the Applicant(s) No. 1
MR HD METHA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/02/2025
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
C.R. No.11210050241549 of 2024 registered with
Rander Police Station, Surat for the offences punishable
under Section 309(6), 140(3), 3(5), 61(2), 351(3) of the Indian
Penal Code, 1860 (for short "IPC") / The Bharatiya Nyaya
Sanhita, 2023 (for short "BNS") and Section 135 of the GP Act.
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
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R/CR.MA/2006/2025 ORDER DATED: 10/02/2025
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conditions.
4. Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature and
gravity of the offence. Therefore, the present application may
be dismissed.
7. 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. It is worth to mention that the learned DGP appeared for
the State before the Sessions Court and submitted that
"looking at the compromise between the two parties, a
necessary order may be passed." Based on this, the bail
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R/CR.MA/2006/2025 ORDER DATED: 10/02/2025
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of the applicant who introduced the present applicant
was considered by the Sessions Court
2. The present applicant is not named in the FIR, and his
name surfaced based on the statement of a co-accused
3. The present applicant has been implicated as a
conspirator. However, the main conspirator, against
whom the dispute was originally raised, has settled the
matter and has been released on bail
4. Regarding the argument of the learned APP that the
applicant remained an absconder, the Hon'ble Apex
Court, in its judgment in Asha Dubey vs. The State of
Madhya Pradesh, 2024 LiveLaw (SC) 889, held that
the mere issuance of a warrant under Section 70 of the
Cr.P.C. cannot be a ground to dismiss or refuse to
entertain an anticipatory bail application.
8. 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.
9. In the result, the present application is allowed by
directing that in the event of arrest / appearance of the
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R/CR.MA/2006/2025 ORDER DATED: 10/02/2025
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applicant in connection with the FIR being C.R.
No.11210050241549 of 2024 registered with Rander
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 17/02/2025 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;
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R/CR.MA/2006/2025 ORDER DATED: 10/02/2025
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(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.-
10. 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.
11. Rule is made absolute to the aforesaid extent. Application
is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
