Anticipatory Bail Granted Under Section 482 BNSS for Prohibition and Forgery Offences in Absence of Past Antecedents and Custodial Necessity

Background & Synopsis

● The applicant faced an FIR being C.R. No. 11216025230014 of 2023 registered at Santej Police Station, District Gandhinagar, for offences under Sections 65AE and 83 of the Prohibition Act and Sections 465, 467, 468, and 474 of the Indian Penal Code.

● The applicant filed a criminal miscellaneous application under Section 482 of the BNSS seeking anticipatory bail before the High Court of Gujarat.

● A draft amendment to correct the name of the applicant was allowed by the court.

● The High Court heard the submissions of both sides, evaluated factors such as the nature of accusations and absence of past antecedents, and allowed the application granting pre-arrest bail with specific conditions including police station reporting.

Issues for Consideration

● Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS in connection with offences registered under the Prohibition Act and IPC.

● What conditions ought to be imposed to ensure cooperation with the ongoing police investigation.

Submissions of the Parties

Petitioner / Appellant

● Nature of allegations does not warrant custodial interrogation at this stage.

● Applicant will remain available during investigation and trial and will not flee from justice.

● Applicant is willing to abide by all conditions imposed by the court.

Respondent / State

● Opposed the grant of anticipatory bail looking to the nature and gravity of the offence.

● Requested the court not to entertain the application.

Court's Observations & Analysis

Re: Issue: Entitlement to Anticipatory Bail

● The court must exercise its discretion judiciously and cautiously, keeping in view the nature and gravity of accusations, antecedents, possibility of fleeing, and object of humiliation.

● The offences alleged are not punishable with life imprisonment.

● The applicant has no past antecedents.

● The applicant's counsel assured availability during investigation and trial.

● Relying on Supreme Court precedents including Siddharam Satlingappa Mhetre v. State of Maharashtra, Gurubaksh Singh Sibbia, and Sushila Aggarwal, the court found fit grounds to exercise discretion in favor of the applicant.

● Held: Application allowed; anticipatory bail granted upon furnishing a personal bond of Rs. 10,000/- with one surety of like amount, subject to cooperation conditions and mandatory appearance at the concerned police station on 05.11.2026.

Decision & Directions

● The criminal miscellaneous application is allowed.

● In the event of arrest or appearance, the applicant shall be released on bail on a personal bond of Rs. 10,000/- with one surety of like amount.

● Conditions imposed:

○ (a) Cooperate with investigation and report to Santej Police Station on 05.11.2026 between 11:00 a.m. and 2:00 p.m.;

○ (b) Not make any inducement, threat, or promise to witnesses;

○ (c) Not obstruct police investigation or tamper with evidence;

○ (d) Furnish current address and not change residence without permission;

○ (e) Not leave India and deposit passport if held within a week;

○ (f) Liberty given to police/complainant to move trial court under Section 483(2) of BNSS for cancellation in case of breach.

● Trial court shall not be influenced by prima facie observations made in the order.

● Rule made absolute; direct service permitted.