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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ATULKUMAR @ ATULBHAI DHIRUBHAI @ DHIRAJLAL BHANDERI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant seeks anticipatory bail (Para 1) |
| 2. applicant claims false implication (Para 2) |
| 3. opposition to bail by prosecution (Para 3) |
| 4. factors for bail consideration (Para 4) |
| 5. judicial discretion in bail (Para 5) |
| 6. bail granted with conditions (Para 6 , 7 , 8) |
ORDER :
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11823004250101 of 2025 registered with Dediapada Police Station, District Narmada for the offences punishable under Sections 336(2), 336(3), 338, 340 and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
3. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail on the ground that present applicant and other co-accused are indulged in similar type of activity and merely notice under section 35 of the BNSS is complied with is not a ground to grant bail to the present applicant. During the investigation it is found that bills produced by the applicant are forged one and 4
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted as the applicant paid the disputed amount, indicating no loss to the government, and demonstrated willingness to cooperate with the investigation.
Anticipatory bail granted as no prima facie case established for custodial interrogation or essential elements of the charges.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
The court granted anticipatory bail, emphasizing the need for judicious discretion in bail applications while considering the nature of accusations and the applicant's role.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
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