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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
PRITBHAI SHAILESHBHAI JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned Additional Public Prosecutor waives service of notice for and on behalf of the respondent State.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, the applicant-accused has prayed for enlarging the Applicant on anticipatory bail in connection with the FIR being C.R. No.11190002241132 of 2024 registered with Botad Police Station, District – Botad for the offence punishable under Sections 420 of the Indian Penal Code, 1860.
3. Learned Advocate for the Applicant has submitted that the Applicant is apprehending arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned advocate for the applicant has submitted that considering the facts stated in the Application, the applicant may be granted anticipatory bail.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP has submitted that the present applicant had purchased goods worth Rs.9,72,000/- from the first informant and had
Anticipatory bail granted based on the commercial nature of the dispute and lack of necessity for custodial interrogation, following established legal precedents.
It would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the concerned Magistrate on the first....
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 careful discretion in evaluating the nature of accusations and the applicant's background, particularly in commercial disputes.
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