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 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed for regular bail in the event of arrest in connection with the FIR being C.R. No.11211005260090 of 2026 registered with Patdi Police Station, District: Surendranagar for the alleged offences as mentioned in the FIR.

3. Learned advocate Mr. Punit Dave for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicants will keep themselves available during the course of investigation, trial also and will not flee from justice.

4. Learned advocate Mr. Dave 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 regular bail. Learned advocate, therefore, submitted that considering the above facts, the applicants may be granted regular bail by imposing suitable terms and conditions.

5. Learned APP Mr. Rawal has opposed the present application.

6. 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.

7. This Court has considered the following aspects.

          (a) The co-accused with whom the applicant was travelling was enlarged by this Court vide order dated 01.05.2026

          (b) It is reported that the applicants have no criminal antecedent.

          (c) Offence is triable by learned Court of Magistrate

          (d) Accused No.2 is also enlarged on bail.

          (e) Investigation is almost over.

8. 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.

9. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicants in connection with FIR being C.R. No.11211005260090 of 2026 registered with Patdi Police Station, District: Surendranagar, the applicants shall be released on regular bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount on the following conditions that applicant:

          (a) shall cooperate with the investigation and make themseleves available for interrogation whenever required;

          (b) 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 them from disclosing such facts to the court or to any police officer;

          (c) 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;

          (d) shall at the time of execution of bond, furnish the addresses to the investigating officer and the court concerned and shall not change their residence till the final disposal of the case till further orders;

          (e) 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;

10. 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.

11. Rule is made absolute to the aforesaid extent. Direct service is permitted.