Jayantibhai Parsottambhai Babariya & Ors Vs State of Gujarat (Gujarat High Court)
The Gujarat High Court decided an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking anticipatory bail in the event of arrest in connection with FIR C.R. No.11191011250425 of 2025 registered with the D.C.B. Police Station, Ahmedabad City. The FIR alleged offences under Sections 314, 316(2), 316(4), 318(4), 321, 336(3), 336(4), 338, 340(2), and 344 of the Bharatiya Nyay Sanhita (BNS), along with Sections 5 and 33(3) of the Gujarat Money Lenders Act.
The applicants submitted that the nature of the allegations did not require custodial interrogation at that stage. They undertook to cooperate with the investigation and trial, remain available whenever required, and comply with any conditions imposed by the Court. It was urged that anticipatory bail be granted.
The State opposed the application, contending that the nature and gravity of the offences did not warrant grant of anticipatory bail.
The High Court observed that while exercising discretion in bail matters, it was required to act judiciously, cautiously, and consistently with the principles laid down by the Supreme Court. The Court noted that factors relevant to consideration of bail include the nature and gravity of the accusation, the antecedents of the applicant, the possibility of fleeing from justice, and whether the accusation was made to injure or humiliate the applicant. It also observed that, at the stage of considering bail, an elaborate examination of the evidence or detailed findings on the merits should be avoided.
