J. C. DOSHI
Shivam Niranjan Podar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.I-11201017240001 of 2024 registered with CID Crime Border Zone, Kachchh (West), Bhuj Police Station.
2. The facts in nutshell leading to filing of the present application are as under.
2.1 According to the case of prosecution, it is alleged that Co-accused Shailesh Bhandari and Anurag Bhandari who are the owners of Electrotherm Company opened in the name of the complainant taking the original complainant into confidence. It is alleged that in order to avoid to pay money to the complainant, the accused persons persuaded the complainant to come to Ahmedabad and when the complainant was on his way, the co-accused persons from Electrotherm Company stopped his car and forcibly abducted him at gunpoint and brought to Ahmedabad. It is alleged that the complainant was then kept confined in a farm house and threatened with dire consequences. It is further alleged that the accused forcibly took signatures of Khushiben on blank paper and blank stamp paper and alle
The court emphasized the need for custodial interrogation based on prima facie evidence of forgery, and highlighted the balance between personal liberty and societal interest in granting anticipatory....
The court emphasized the delicate balance between personal liberty and societal interest in deciding anticipatory bail applications, considering the nature and gravity of the accusation, the accused'....
The court emphasized that anticipatory bail should be granted only in exceptional cases, considering the gravity of accusations and the accused's history, particularly when public order is at risk.
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
The main legal point established in the judgment is the application of anticipatory bail provisions under Section 438 of the Code of Criminal Procedure, 1973, and the court's consideration of the com....
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