Gujarat High Court
Babubhai Bhikhabhai Solanki vs State Of Gujarat on 10 June, 2025
NEUTRAL CITATION
R/CR.MA/9139/2025 ORDER DATED: 10/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9139
of 2025
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BABUBHAI BHIKHABHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1
MR M R SAIYED(3362) for the Respondent(s) No. 1
MR. NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 10/06/2025
ORAL ORDER
1. Rule. Learned APP Mr. Niraj Sharma 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 applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11195051250271 of 2025 registered with Thara Police Station, District Banaskantha for the alleged offences as mentioned in the FIR.
3. Learned advocate Mr. N.K. Majmudar appearing for the applicant has submitted that it is the specific case of the Page 1 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined prosecution that the so called incident has occurred on 27.10.2024, whereas the FIR is registered on 18.04.2025 and thus there is gross delay in registration and in the entire body of the FIR, nowhere any explanation for the huge delay is mentioned by the complainant. Learned advocate Mr. Majmudar further submits that if the Hon'ble Court would make cursory glance upon the charge of allegations and accusations levelled against the applicant, in that event, it would have come to know that at different level, different versions have been narrated by the complainant. He has submitted that in fact in the FIR, two different versions have been narrated; firstly, that the husband of the complainant i.e. deceased had purchased the plots by paying amount of consideration to the applicant, however, despite the said fact neither the possession of the plots has been given nor registered sale deed have been executed by the applicant, and therefore, disputes have been brought up. Not only that, thereafter subsequently, the deceased had come to know that he had paid excess amount of Rs. 3.50 lakh to the applicant, which he was regularly demanding the said amount from the applicant but under the one or other pretext, the applicant herein used to postpone the discussion and the said incident is occurred on 20 years before the day of incident. He submits that the second limb of the allegation levelled in the body of the FIR is that recently deceased was in monetary crisis position, and therefore, he had borrowed Rs.50,000/- from the applicant upon the interest @ 2% and the deceased regularly used to pay interest upon the said amount to the applicant, but Page 2 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined one day before the fateful day of the incident, the applicant herein had made phone call to the deceased that he will come on particular day to recover the said amount and due to which deceased had committed suicide by purportedly writing a suicide note. Thereafter, a settlement has been arrived at between the parties and as a part of the settlement, a cheque of Rs. 5,00,000/- has been handed over to the complainant and as per the terms of the settlement, rest of the four cheques of Rs. 20,00,000/- have been handed over to the complainant. Those cheques have been deposited but the said cheques got dishonoured and therefore, prima facie it seems that applicant herein had resiled from the terms and condition mentioned in the agreement and therefore, complainant was constrained to register FIR against him. It is further alleged that in fact the copy of the suicide note has already been handed over to the complainant on the basis of settlement arrived at between the parties and applicant herein has taken benefit of the said situation by destroying the said original suicide note. Learned advocate Mr. Majmudar has further submitted that infact immediately after the occurrence of the incident, statement of the complainant was recorded, copy of the said statement is placed on record, which clearly goes on to show that in the said statement, altogether different stories have been narrated by the complainant. He has also produced one application purportedly signed by making allegation, wherein altogether different stories have been narrated. Learned advocate Mr. Majmudar has submitted that all those documents are quite Page 3 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined contrary to the allegations and accusations and story put-forth by the complainant, which clearly goes on to say that there was no clarity in the mind of the complainant at the time of registration of the FIR. He further submitted that for the sake of arguments, without admitted it, if allegations levelled against the applicant are to be read as it is, in its entirety, even though it can simply be said that essential basic ingredients to constitute the offences mentioned in the body of the FIR i.e. Section 108, 238(c) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5(1), 33(3), 40, 42 of the Gujarat Money Lenders Act could not have been found out. By no stretch of the imagination, it can be said that the applicant herein has aided and instigated the deceased to commit suicide. Considering the above-stated factual aspects, anticipatory bail application of the applicant is required to be entertained as there is no recovery and discovery is pending at the instance of the applicant and almost investigation is kept on. To support his submission, learned advocate Mr. Majmudar has placed reliance upon the judgment of this Court in the case of Sanjay Kanakamal Agrawal versus State of Gujarat passed in Criminal Misc. Application No. 10560 of 2020 and others on 16.07.2021. Learned advocate has submitted that as per the principle of law laid down by the Coordinate Bench of this Court, case of the applicant would squarely fall under those categories and the applicant deserves to be enlarged on anticipatory bail. Learned advocate for the applicant further submits that the nature of allegations are such for which custodial interrogation at this Page 4 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.
4. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions that may be imposed while releasing the applicant on anticipatory bail. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
5. Learned Additional Public Prosecutor Mr. Niraj Sharma appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP has submitted that the conduct of the applicant is required to be seen. The deceased as well as the applicant both belong to same community and the applicant herein has lended Rs. 50,000/- to the deceased and for the purpose of recovery of amount as well as interest, he has created huge pressure upon the husband of the complainant and for the reason best known, deceased could not be able to tolerate the same and due to which, ultimately he had committed suicide. Not only that, at the time of commission of suicide, he has written a suicide note which was purportedly signed by him. The copy of the said suicide note is widely circulated into WhatsApp group of the family members. He submitted that the applicant herein has used his tactics and Page 5 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined entered into the agreement of the settlement and under the guise of the said settlement, he has got custody of the said suicide note and the original copy of the suicide note is destroyed by the applicant, which clearly goes on to show the mala fide intention on the part of the applicant, however, material available on record clearly goes on to show the involvement of the applicant in the commission of offence is clearly spelt out. He submitted that the investigation is at initial stage and very serious charges have been levelled against the applicant and therefore, discretionary powers of anticipatory bail cannot be exercised in favour of the applicant.
6. Learned advocate Mr. M. R. Saiyed who appears on behalf of the original complainant has filed an affidavit specifically stating that matter has been amicably settled between the parties and, accordingly, the complainant has entered into an agreement of compromise and on the strength of the same, complainant has filed an affidavit specifically stating that she has no objection if the applicant-accused is enlarged on anticipatory bail.
7. Having heard the learned advocates appearing for the parties and perusing all the material available on record, 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 an admitted position that at the Page 6 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined time of registration of the FIR, complainant has come with two different versions, firstly; it is the case of the complainant that the time of entering into the agreement of purchase of plots, the deceased had paid excess amount of Rs. 3.5 lakh to the applicant herein and the said incident had occurred way-back 20 years back from the date of incident and at regular intervals, the deceased used to demand the said amount but for the reasons best known to the applicant, he used to avoid the communications. Not only that, thereafter after a certain period of time, the deceased was in dire need of money and therefore, he had borrowed Rs. 50,000/- from the applicant. Therefore, the stand which was followed by the complainant at the time of registration of the complaint was quite contrary with each other. On one hand, the complainant says that deceased has to recover Rs. 3.5 lakh from the applicant and on the other hand, she has come with a case that the deceased had borrowed Rs. 50,000/- upon 2% interest from the applicant. Not only that, immediately after the occurrence of the incident, statement of the complainant was recorded wherein she has narrated altogether different stories and then, after a lapse of certain period, she has submitted an application in the form of complaint to the Police Inspector by levelling allegations against the applicant, wherein story put forward by the complainant is altogether different. It is also found out that as per the case of the prosecution, on the fateful day of the incident, the present applicant has made a phone call to the deceased to be ready along with the principle amount and interest as he is going to Page 7 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined recover the said amount. By no stretch of imagination, if this particular phrase is to be used by the applicant, on that day it would not fall in the category of aiding and instigation the deceased to commit suicide.
8. 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 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.
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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. 11195051250271 of 2025 registered with Thara Police Station, District Banaskantha, 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 herself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 17.06.2025 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 her/his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Page 9 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined 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) AMAR SINGH Page 10 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025