Back
HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
DASHRATHBHAI BHIKHABHAI RAJGOR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. This application is filed under Section 438 of the Code of Criminal Procedure for anticipatory bail in connection with F.I.R. No.11216004220170 of 2024 registered with Dabhoda Police Station, District Gandhinagar, for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 and Sections 4 and 5 of the Gujarat Land Grabbing (Prohibition)Act, 2020.
2. Learned advocate Mr. B. M. Mangukiya appearing for the applicant has submitted that after the application for anticipatory bail filed by the applicant was withdrawn by the applicant on 06.10.2024, the Coordinate Bench of this Court vide order dated 02.01.2025 passed in Criminal Misc. Application No.42 of 2025 has protected the present applicant as regards the offence punishable under the provisions of Sections 4(1) and 5 of the Gujarat Land Grabbing Act is concerned. Thus, there is change in circumstances after the earlier application filed by the applicant was withdrawn which entitles the present applicant for grant of anticipatory bail. Learned advocate for the applicant has submitted that considering the facts stated in the Application, the applicant may be granted antici
A successive application for anticipatory bail requires demonstration of changed circumstances; mere stay of proceedings under one act does not justify new bail requests for serious charges under IPC....
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
