Gujarat High Court
Pavan Baldeva Loon Karan vs State Of Gujarat on 18 August, 2025
NEUTRAL CITATION
R/CR.MA/16762/2025 ORDER DATED: 18/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 16762
of 2025
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PAVAN BALDEVA LOON KARAN & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MS CHETNABEN JOSHI(2313) for the Applicant(s) No. 1,2
MR HARDIK SONI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 18/08/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicants have prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11210067250412 of 2025 registered with Saroli Police Station, Surat District, for the alleged offences as mentioned in the FIR.
3. Learned advocate Ms. Chetnaben Joshi appears for the applicants submits that the so-called incident has occurred between the period 01.01.2024 to 06.03.2024 till date of FIR, and FIR was registered on 24.07.2025. The investigating agency has miserably failed to explain the cause of delay. She further submits that, in fact, Page 1 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 19 2025 Downloaded on : Tue Aug 19 22:46:13 IST 2025 NEUTRAL CITATION R/CR.MA/16762/2025 ORDER DATED: 18/08/2025 undefined criminal colour is given to the civil disputes and during the pendency of the present proceedings, after registration of the FIR, matter has already been settled amicably, and the applicants herein had already paid the entire outstanding dues to the complainant.
4. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. She further submits that the applicants will keep themselves available during the course of investigation, trial also and will not flee from justice.
5. Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions that may be imposed while releasing the applicants on anticipatory bail. Learned advocate, therefore, submitted that considering the above facts, the applicants may be granted anticipatory bail.
6. Learned APP Mr. Hardik Soni appears on behalf of the respondent - State objected the present application, however, submits that considering the peculiar facts and circumstances of the matter, appropriate order may be passed.
7. Learned advocate Ms. Manjula R. Chauhan appears on behalf of the complainant and has identified the signature of the complainant across the bar, and she has also tendered the affidavit of the complainant wherein he has stated in a very categorical terms that since the matter has already been settled he has no objection if the bail application of the applicants be entertained by this Hon'ble Court. It is further stated in the affidavit that Page 2 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 19 2025 Downloaded on : Tue Aug 19 22:46:13 IST 2025 NEUTRAL CITATION R/CR.MA/16762/2025 ORDER DATED: 18/08/2025 undefined he has already received outstanding dues mentioned in the FIR, and now there is no grievance survived between the parties.
8. Having heard the learned advocates appearing 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.
9. 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 Page 3 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 19 2025 Downloaded on : Tue Aug 19 22:46:13 IST 2025 NEUTRAL CITATION R/CR.MA/16762/2025 ORDER DATED: 18/08/2025 undefined also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, and also considering the factual aspects as stated hereinabove, this court is of the opinion that bail application of the applicants is required to be allowed.
10. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with FIR being C.R. No. 11210067250412 of 2025 registered with Saroli Police Station, Surat District, the applicants 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 themselves available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 25.08.2025 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 Page 4 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 19 2025 Downloaded on : Tue Aug 19 22:46:13 IST 2025 NEUTRAL CITATION R/CR.MA/16762/2025 ORDER DATED: 18/08/2025 undefined concerned and shall not change their 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.
11. 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.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(DIVYESH A. JOSHI,J) AMIT ITALIAN Page 5 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 19 2025 Downloaded on : Tue Aug 19 22:46:13 IST 2025