GITA GOPI
Vinod Mangalbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Gita Gopi, J.
1. Heard learned Advocate Mr. Darsh P.Desai on behalf of Advocate Mr. Rajesh B.Desai on behalf of the complainant and Mr. Hardik Mehta, learned APP for the respondent State.
2. On submission of learned advocate Ms. Sona Sagar for the applicant, the matter was placed today on top of the Board. However, when the matter was called out, learned advocate failed to appear.
3. Mr. Hardik Mehta, learned APP, has placed on record report of the police sub-inspector, Sector-7 Police Station, Gandhinagar. The report is supported by the statement and documents.
4. The prayer is made in the present application for anticipatory bail under section 438 of the Code of Criminal procedure by the applicant, who states himself to be a journalist and editor of daily newspaper at Dahod, and claims of running N.G.O. at Dahod. The applicant has also projected himself to be a person, who had worked with District Legal Aid Authorities and district judges at Dahod for imparting free legal aid to the needy, and has also placed on record the certificate and photographs.
4.1 It is the say of the applicant that on two occasions, he had been kidnapped and assaulted by the complainant, and in collusi
Anticipatory bail is not granted when serious allegations necessitate custodial interrogation to investigate potential larger conspiracies.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
The court reaffirms that anticipatory bail is not to be granted where there is substantial evidence indicating involvement in serious offences affecting societal interests.
Anticipatory bail should not be granted in serious offences.
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
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 denied anticipatory bail due to prima facie evidence of a conspiracy to defraud the Civil Services Examination system, emphasizing the need for custodial interrogation.
The court dismissed anticipatory bail petitions due to the serious nature of allegations against the petitioner, emphasizing the need for custodial interrogation and the risk of witness tampering.
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