HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ARJUN GANGARAM KHILNANI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – 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 accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216001240810 of 2024 registered with Adalaj 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.
2. Learned Senior Advocate Mr. Prakash K. Jani assisted by learned advocate Mr. Amrish Pandya for the applicant submits that the applicant has nothing to do with the offence and he has been falsely enroped in the offence. Further, though the applicant is not named in the FIR, his name has surfaced during investigation on the basis of statement of co-accused. There is no allegation worth the name for the offences of cheating, criminal breach of trust and forgery and important fact is that the accused Nos.1 and 2 and the complainant have settled the disputed and even the civil suit has been withdrawn unconditionally. Furth
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
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 the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
The court granted anticipatory bail, emphasizing the need for judicious discretion in bail applications while considering the nature of accusations and the applicant's role.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, 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.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
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 direct allegations against the applicant and no necessity for custodial interrogation.
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