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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
AAYUSH UPENDRA RATHOD – 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. 11200010241826 of 2024 dated 24.11.2024 registered with Valsad Town Police Station, Valsad for the offences punishable under Sections 118(1) and 54 of the Bharatiya Nyaya Sanhita, 2023.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and and therefore, custodial interrogation at this stage is not necessary. It is further submitted that the alleged incident took place between the neighbors in a pity quarrel and the present applicant through chutney on the face of complainant. It is alleged that the father of the applicant came with a knife and made assault to the victim and whereas the allegations against the present applicant is that of stone pelting. The injured victim is now out of danger and discharged from the hospital. Besides, the applicant is available during the course of invest
Anticipatory bail can be granted when the applicant shows no involvement in serious offences and poses no flight risk, considering the nature of the accusation and the applicant's history.
Anticipatory bail can be granted when the applicant is not named in the FIR and no overt act is attributed to them, considering the nature of accusation and necessity for custodial interrogation.
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
The court emphasized the necessity of custodial interrogation in serious offences, balancing individual rights against public interest, and found sufficient prima facie evidence of the applicant's in....
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
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