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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
NARESHKUMAR SOHANLAL JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant's claim of innocence (Para 2) |
| 2. opposition by the state (Para 3) |
| 3. judicial discretion in bail (Para 4) |
| 4. consideration of various aspects (Para 5) |
| 5. granting of anticipatory bail (Para 6 , 7 , 8) |
ORDER :
HASMUKH D. SUTHAR, J.
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11210055241727 of 2024 registered with Salabatpura Police Station, Surat, for the offences punishable under Sections 409 , 420 and 114 of Indian Penal Code , 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant has no past antecedent. Transaction took place in the year 2017 and only with a view to stall the proceedings, impugned complaint is filed in the year 2024. Co-accused are granted bail either by this Court or by the Sessions Court. Nothing is required to be recovered from the applicant. Therefore, custodial interrogati
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
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