Gujarat High Court
Chaudhary Baldevbhai Kanjibhai vs State Of Gujarat on 20 February, 2025
NEUTRAL CITATION
R/CR.MA/2558/2025 ORDER DATED: 20/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 2558
of 2025
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CHAUDHARY BALDEVBHAI KANJIBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR HD MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/02/2025
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] By way of the present application under Section 438 of the Code of
Criminal Procedure, 1973, the applicant accused has prayed to release
him/her on anticipatory bail in the event of her arrest in connection with the
FIR being C.R. No.I-252 of 2013 registered with 'B' Division Police Station,
Rajkot for the offences punishable under Sections 406 and 420 of the Indian
Penal Code, 1860.
[3.0] Learned Advocate for the applicant submits that the applicant has
nothing to do with the offence and he is falsely enroped in the offence. The
incident took place in the year 2013. Thereafter, he approached this Court
by way of Quashing Petition under Section 482 of Cr.P.C., which came to be
dismissed and he approached this Court. The said transaction is commercial
transaction and for the said transaction, the cheques already came to be
issued and the same is dishonoured and for that, the proceeding under
Section 138 of NI Act came to be initiated. Applicant is having no past
antecedents. Besides, the applicant is available during the course of
investigation and will not flee from justice. In view of the above, the
applicant may be granted anticipatory bail.
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[4.0] Learned APP has opposed the present application and submitted
that till date, no notice under Section 35 of BNS/41(A) of Cr.P.C. is received
by the present applicant. It is further submitted that the quashing petition is
dismissed and prima facie, offence is made out against the applicant. The
applicant has received the goods of Rs.1,12,45,111/- and giving trust to
make payment, but he did not make payment. Due to this, offence is
registered and thereby, he has committed criminal breach of trust and
cheating. Hence, as custodial interrogation of the applicant is required, he
has requested to dismiss the present application.
[5.0] 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) Offence is not punishable with life imprisonment or death penalty;
(2) applicant is facing of charge of Sections 406 and 420 of IPC and
offence is punishable upto 7 years;
(3) No notice under Section 35 of the BNS/41(A) of Cr.P.C. came to be
issued. Though quashing petition is dismissed in the month of
December, 2024 and since, 2013, till date, the applicant remained
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R/CR.MA/2558/2025 ORDER DATED: 20/02/2025
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protected by way of interim relief granted in the quashing petition
and 7 different proceedings under Section 138 of NI Act is initiated.
(4) No antecedent is reported against the applicant;
(5) nothing is required to be recovered and discovered from the accused;
[6.0] 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.
[6.1] This court has also considered the judgment in the case of Arnesh
Kumar v. State of Bihar reported in (2014) 8 SCC 273, Satender Kumar
Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC
51 and Md. Asfak Alam vs. State of Jharkhand and Another reported in
2023 SCC OnLine SC 892 wherein the Hon'ble Apex Court has observe that
whenever there is punishment of 7 years, then the court would be liberal to
exercise the discretion.
[7.0] 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 C.R. No.I-252 of 2013 registered with 'B' Division Police Station,
Rajkot, 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
28/02/2025 between 11.00 a.m. and 2.00 p.m. and the IO
shall ensure that no unnecessary harassment or
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R/CR.MA/2558/2025 ORDER DATED: 20/02/2025
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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 UIDAI
Number, Contact Number/s, Passport Number (if he is
having the passport), E-mail address and present address of
his residence 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 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.-
[8.0] 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.
[9.0] Rule is made absolute to the aforesaid extent. Application is disposed
of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
