Gujarat High Court
Atulbhai Shankarbhai Patel vs State Of Gujarat on 15 July, 2025
NEUTRAL CITATION
R/CR.MA/10477/2025 ORDER DATED: 15/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 10477
of 2025
==========================================================
ATULBHAI SHANKARBHAI PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR YASH V GUPTA(11814) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No.2
MR. PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 15/07/2025
ORAL ORDER
1. By way of the present application under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant has prayed for enlarging the
Applicant on anticipatory bail in connection with the F I R be i ng C. R.
No . 11188002250295 of 2025 registered wit h Bayad Police
Station, Aravalli for the offe nce s puni sha bl e unde r S ec tion 1 0 8 o f
BNS 2023.
2. Heard learned Advocate for the Applicant, learned Advocate
appearing on behalf of the Original Complainant and learned APP for the
Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent State and learned Advocate Mr. Ashish M. Dagli waives service of
notice of Rule on behalf of the Original Complainant.
3. Learned Advocate for the Applicant has submitted that the
NEUTRAL CITATION
R/CR.MA/10477/2025 ORDER DATED: 15/07/2025
undefined
Applicant is apprehending arrest in connection the aforesaid FIR and in this
connection the earlier application filed by the Applicant before the learned
Sessions Court came to be dis-allowed. He submitted that considering the
facts stated in the Application, the applicant may be granted anticipatory
bail.
4. 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 offence. He submitted that the deceased had
borrowed some money from the present Applicant and though the Motorcycle
of the first informant had been handed over to the present Applicant towards
payment of the amount which was borrowed by him, the Applicant used to
make continuous demands from the deceased as well as the first informant for
more money and because of the same, the parents of the first informant had
committed suicide. Learned APP has therefore prayed that the present
Application may be dismissed.
4.1 Learned Advocate appearing on behalf of the Original Complainant
has also opposed the Application contending that frequent demands for
repayment of the amount which had been borrowed by the deceased was being
made by present Applicant in a strong manner that if the present Applicant is not
able to repay the money he may mortgage himself with the present Applicant.
The deceased have specifically named the present Applicant in the suicide note.
He therefore submitted to dismiss the present Application.
5. Heard learned Advocates for the parties and perused the record. As
per the case of the prosecution, allegedly the deceased had borrowed some
money from the present Applicant and though towards repayment of the said
amount the motorcycle had been handed over to the present Applicant, frequent
demands for more money were raised by the present Applicant and because of
NEUTRAL CITATION
R/CR.MA/10477/2025 ORDER DATED: 15/07/2025
undefined
the same deceased appears to have committed suicide.
6. Having heard the arguments advanced by the learned advocates
for the parties and perusing the material placed on record and taking into
consideration the facts of the case, nature of allegations, gravity of offence and
the role attributed to the accused, I am inclined to grant anticipatory bail to the
applicant.
7. This Court has considered following aspects,
(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 observe that whenever there is punishment of 7 years, then the
court would be liberal to exercise the discretion. Further, by exercising the
NEUTRAL CITATION
R/CR.MA/10477/2025 ORDER DATED: 15/07/2025
undefined
discretion under Section 438 Cr.P.C, the doors of remand by the Investigating
Officer is open and therefore also this court is inclined to exercise powers
under Section 438 of Cr.P.C.
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 . 1 1 1 8 8 0 0 2 2 5 0 2 9 5 o f 2 0 2 5 registered wit h
Bayad Police Station, Aravalli for the offe nce s puni sha bl e unde r
S ec tion 1 0 8 o f B N S 2 0 2 3 , 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 2 2 . 0 7 . 2 0 2 5
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 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
NEUTRAL CITATION
R/CR.MA/10477/2025 ORDER DATED: 15/07/2025
undefined
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 / 79
