Gujarat High Court
Dinesh Kantilal Mensara vs State Of Gujarat on 10 March, 2025
NEUTRAL CITATION
R/CR.MA/4853/2025 ORDER DATED: 10/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4853
of 2025
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DINESH KANTILAL MENSARA
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/03/2025
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] By way of the present application under Section 438 of the Code of
Criminal Procedure, 1973, the applicant accused has prayed to release him
on anticipatory bail in the event of him arrest in connection with the FIR
being C.R. No. 11191037241461 /2024 registered with registered with
Odhav Police Station, Ahmedabad, for the offences punishable under
Sections 108, 238, 54 and 85 of the BNS.
[3.0] Learned Advocate for the applicant submits that the applicant has
nothing to do with the offence and she is falsely enroped in the offence and
the allegations against the present applicant is that he is aware of the
alleged offence. Though, he has destroyed the evidence and abetted the
offence, except this, there is no any allegations qua direct instigation or
involvement of the applicant, but, perusing the affidavit, Column No. 31, it
appears that the allegations are against only accused Nos.1 to 3. Applicant is
also not named in the FIR. It is submitted that applicant is ready and willing
to join the investigation. Now nothing remains to be recovered or
discovered from the present applicant and therefore, custodial
interrogation at this stage is not necessary. Besides, the applicant is
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NEUTRAL CITATION
R/CR.MA/4853/2025 ORDER DATED: 10/03/2025
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available during the course of investigation and will not flee from justice. In
view of the above, the applicant may be granted anticipatory bail.
[4.0] Learned APP has opposed the application on the ground that he has
abetted the offence and destroyed the evidence and hence he is involved in
the offence. Hence, as custodial interrogation of the applicant is required,
he has requested to dismiss the present application.
[5.0] Having heard the learned advocate 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. I have considered the following
aspects.
(1) Offence is not punishable with life imprisonment or death penalty;
(2) applicant is having no past antecedents.
(3) The allegations against the present applicant is that he is aware of
the alleged offence. Though he has destroyed the evidence and
abetted the offence, except this, there is no any allegations qua
direct instigation or involvement of the applicant, but, perusing the
affidavit, Column No. 31, it appears that the allegations are against
only accused Nos.1 to 3.
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[6.0] 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.
[6.1] In view of the law laid down by the Hon’ble Apex Court in the
cases of (i) Ayyub & Ors. Versus State Of Uttar Pradesh & Anr.
reported in 2025 INSC 168, (ii) Patel Babubhai Manohardas & Ors.
vs. State of Gujarat reported in 2025 INSC 322 and (iii) Mahendra
Awase versus the State Of Madhya Pradesh reported in 2025 INSC
76, wherein the Hon’ble Apex Court has held that “Apex Court has,
over the last several decades, repeatedly reiterated the higher threshold,
mandated by law for Section 306 IPC [Now Section 108 read with
Section 45 of the Bharatiya Nyaya Sanhita, 2023] to be attracted. They
however seem to have followed more in the breach. Section 306 IPC
appears to be casually and too readily resorted to by the police. While
the persons involved in genuine cases where the threshold is met should
not be spared, the provision should not be deployed against individuals,
only to assuage the immediate feelings of the distraught family of the
deceased. The conduct of the proposed accused and the deceased, their
interactions and conversations preceding the unfortunate death of the
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NEUTRAL CITATION
R/CR.MA/4853/2025 ORDER DATED: 10/03/2025
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deceased should be approached from a practical point of view and not
divorced from day-to-day realities of life. Hyperboles employed in
exchanges should not, without anything more, be glorified as an
instigation to commit suicide. It is time the investigating agencies are
sensitised to the law laid down by this Court under Section 306 so that
persons are not subjected to the abuse of process of a totally untenable
prosecution. The trial courts also should exercise great caution and
circumspection and should not adopt a play it safe syndrome by
mechanically framing charges, even if the investigating agencies in a
given case have shown utter disregard for the ingredients of Section
306.”
[7.0] In the result, the present application is allowed by directing that in
the event of arrest / appearance of the applicant in connection with the FIR
being C.R. No. 11191037241461 /2024 registered with registered with
Odhav Police Station, Ahmedabad, 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 himself available for
interrogation whenever required;
(b) shall remain present at the concerned Police Station on
20/03/2025 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
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NEUTRAL CITATION
R/CR.MA/4853/2025 ORDER DATED: 10/03/2025
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the investigating officer and the court concerned and shall not
change his 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.-
[8.0] 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.
[9.0] Rule is made absolute to the aforesaid extent. Application is disposed
of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
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