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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SARANG PANKAJBHAI PATEL – 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 438 of the Code of Criminal Procedure, 1973, 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.11201018240004 of 2024 registered with C.I.D Cyber Crime Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 409, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 and Sections 66(C) and 66(D) of the IT Act.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Applicant is not named in the FIR, during the investigation, his name is surfaced. The allegations against the present applicant is that he has given the account to the co-accused on rent and the applicant has transferred Rs. 50,000/- in the account of Vipul Limbachiya and Rs.40,000/- in the account of wife of Tejas Patel, except this no allegation is levelled. It is submitted that there is no money trail. Considering the aforesaid, in his account whatever amount he has received, the said amount
Anticipatory bail granted based on minimal involvement and absence of previous convictions, emphasizing judicial discretion and consideration of the nature of accusations.
Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
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 is not named in the FIR, has no prior criminal record, and is willing to cooperate with the investigation.
Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, gravity of offenses, and the role attributed to the accused, ....
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
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.
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