HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BHAGWANJIBHAI RAYDHANBHAI KHANDEKHA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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 Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant seeks anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11189006241138 of 20224 registered with Tankara Police Station, Morbi, for the offences punishable under Sections 108, 308, 351(3) of BNS and Sections 40 and 42 of Gujarat Money Lenders Act.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and complaint has been lodged with an ulterior motive. Though the deceased was to sell the land to the applicant for consideration of Rs.23,23,000/- and out of the same, the applicant had already paid Rs.10 lacs by way of cheque to the deceased and remaining amount was required to be paid within 11 months from June, 2024. Hence, story stated in the complaint itself is far from truth. There was no instigation on part of the applicant. Alleged transaction took place in June, 2024 and alleged incident took place in December, 2024. The deceased had borrowed mon
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
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 the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
The court established that mere financial transactions do not constitute instigation under Section 306 IPC, emphasizing the need for a higher threshold for such accusations.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail can be granted when there are no past criminal antecedents, no necessity for custodial interrogation, and the nature of the accusation does not warrant severe punishment.
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