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J. C. DOSHI
AKASH GANESHBHAI MAKWANA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. Rule. Learned APP waives service for the Respondent-State and learned Advocate Mr. Trivedi waives for the First Informant.
1.1 By way of this application, filed under Section 438 of the Code of Criminal Procedure, 1973 (‘the Code’ herein after), the applicant has prayed to grant him pre-arrest/anticipatory bail in connection with the offence registered as FIR No. 11205035230524 of 2023, with Nakhatrana Police Station, District Kutch, under Sections 306 , 389, 120B and 34 of the INDIAN PENAL CODE .
2. The brief facts of the case are as under:
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The judgment emphasizes the need for clear evidence of instigation or active facilitation to establish guilt in cases of abetment of suicide under Section 306 IPC.
Lack of substantial evidence linking the accused to the crime justifies granting pre-arrest bail under Section 438, ensuring individual liberty is protected against unwarranted arrest.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
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