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Gujarat High Court

Ishwarbhai Nagajibhai Desai vs State Of Gujarat on 10 October, 2025

                                                                                                                        NEUTRAL CITATION




                            R/CR.MA/21058/2025                                            ORDER DATED: 10/10/2025

                                                                                                                         undefined




                            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                               R/CRIMINAL MISC.APPLICATION NO. 21058 of 2025
                                           (FOR ANTICIPATORY BAIL)

                       =======================================================
                                     ISHWARBHAI NAGAJIBHAI DESAI
                                                 Versus
                                           STATE OF GUJARAT
                       =======================================================
                       Appearance:
                       SHRIKAR H BHATT(2573) for the Applicant(s) No. 1
                       MR ROHAN SHAH APP for the Respondent(s) No. 1
                       =======================================================

                          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                        Date : 10/10/2025

                                                               ORAL ORDER

By filing present application, the applicant sought anticipatory bail in connection with the FIR produced at Annexure-A. Learned advocate for the applicant has referred to the FIR and submitted that for the so- called incident of the year 2019, FIR has been lodged in the year 2015 and thus, there is gross delay in registering the aforesaid FIR, wherein the applicant has wrongly arraigned as accused. He submitted that so far as the allegations and accusations are concerned, it is alleged that the applicant had demanded amount of bribe from the complainant, which the complainant did not willing to pay, therefore, he filed complaint against the applicant. He, however, submitted that if the Hon'ble Court would go through the contents of the Page 1 of 6 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:55:00 IST 2025 NEUTRAL CITATION R/CR.MA/21058/2025 ORDER DATED: 10/10/2025 undefined FIR, in that event, it is found out that except demand, no other role is attributed nor there is recovery from the present applicant and thus considering the role attributed to him, he may be considered for anticipatory bail. He submitted that in fact, the applicant is aged about 61 years and has already superannuated from the services and after the retirement, the aforesaid FIR has been lodged, which itself suggests that just to harass the applicant herein, the said FIR has been lodged. It is, therefore, urged that considering the above facts, the present application may be allowed by granting anticipatory to the applicant by imposing suitable condition.

On the other hand, learned APP has strongly objected the present application and submitted that from the investigation papers collected so far, the role of the applicant is clearly spelt out. He submitted that at the relevant point of time, the applicant was serving as Writer in the concerned Police Station and he had demanded illegal gratification from the complainant and as the complainant did not willing to give the said amount to the applicant, he filed complaint along with audio recording taken in his mobile and the said record was sent to FSL for spectrography test and pursuant thereto, FSL report has been received, which clearly goes on to show that the voice in the said audio recording is matching with the voice of the applicant and thus, involvement of the applicant in the commission of crime is found out. He Page 2 of 6 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:55:00 IST 2025 NEUTRAL CITATION R/CR.MA/21058/2025 ORDER DATED: 10/10/2025 undefined further submitted that in fact, the applicant being Writer of the concerned Police Station has misused his post and he might have demanded and collected illegal gratification and purchased disproportionate assets and those aspects are required to be interrogated, therefore, his custodial interrogation is required. It is, therefore, urged that considering the above facts, the present application may not be entertained.

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 applicants 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 applicants 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.

NEUTRAL CITATION R/CR.MA/21058/2025 ORDER DATED: 10/10/2025 undefined However considering the above facts, if the facts of the present case are carefully examined, in that event, it is found out that at the relevant point of time, the applicant was serving as Writer in the concerned Police Station, where he had demanded illegal gratification from the complainant and the said conversion has been recorded by the complainant in his mobile, therefore as he did not willing to give the said amount, he filed complaint along with the material (audio recording) and on receipt of the said complaint with audio recording, the said recording was sent to FSL for the purpose of obtaining spectrography test and pursuant thereto, report of spectrography test received clearly goes on to show that the voice in the said recording is matching with the voice of the applicant, therefore, the aforesaid FIR has been lodged. Not only that, entire conversion taken place between the complainant and the applicant is specific narrated in the FIR, which itself suggests involvement of the applicant in the commission of crime.

It is found out from the record that despite the applicant being Government employee and discharging his duty as Writer in concerned Police Station, he had misused his post and entered into illegal act by demanding amount of illegal gratification from the complainant with oblique reason. Not only that, as contended by learned APP, there might to possibility to purchase of disproportionate assets with the help of unknown source of income, which requires custodial interrogation of the applicant.

NEUTRAL CITATION R/CR.MA/21058/2025 ORDER DATED: 10/10/2025 undefined So far as the contention with regard to false implication is misconceived in view of the specific allegations and accusation made by the complainant in the FIR coupled with the transcribe mentioned in the FIR between the complainant and the applicant.

I have considered the affidavit filed by the IO filed before the learned Judge concerned opposing the anticipatory bail application preferred by the applicant. In the said affidavit, the concerned IO has narrated the role played by the applicant in a very graphical manner. I have also considered the findings given and conclusion arrived at by the learned Judge while rejecting anticipatory bail application and am of the considered opinion that the reasons assigned by the learned Judge are just and proper.

I have also considered the decisions of the Hon'ble Supreme Court with regard to the grant of bail, wherein specific observations have been made that the Court should be slow while dealing with the application for anticipatory bail and such powers can be exercised with due care and caution. Considering the said proposition of law, if the facts of the present case are examined, in that event, it is found out that serious allegations are leveled against the applicant. Therefore, this is not a fit case, where the discretion can be exercised.

NEUTRAL CITATION R/CR.MA/21058/2025 ORDER DATED: 10/10/2025 undefined For the foregoing reasons, having regard to facts and circumstances, peculiar to the instant case, as have been analyzed hereinabove, the applicant has failed to make out a special case for exercise of power to grant bail and considering the facts and parameters, necessary to be considered for adjudication of anticipatory bail, this Court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 482 of the BNSS to grant anticipatory bail. More so, investigation is still going on in the present case. It is settled proposition of law that power exercisable under Section 482 BNSS, is somewhat discretionary in character and it is to be exercised with caution in exceptional cases.

Hence, the present application seeking for anticipatory bail is hereby rejected.

Sd/-

(DIVYESH A. JOSHI, J.) Gautam Page 6 of 6 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:55:00 IST 2025