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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ASHVINBHAI LAVJIBHAI GAJERA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant's business and allegations (Para 2) |
| 2. opposition to anticipatory bail (Para 3) |
| 3. factors for bail consideration (Para 4) |
| 4. no prima facie case established (Para 5) |
| 5. conditions for bail granted (Para 6 , 7 , 8) |
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he has been falsely implicated in the offence. The applicant is in the business of bus transport service in the name and style of Jai Khodiyar and having license of storage and to use as fuel he purchased the distillate oil under the pretext of said oil to be bio-diesel and vehicle was intercepted and at the fuel station co-accused Hitesh was working from whom he had sent through whatsapp soft copy of the bill issued by Reliance Industries. It is alleged that the said bill No.142082 was forged however, the Reliance Industries has clarified that said bill is issued by Reliance Industries but they have not mentioned Eicher Tanker No.GJ-03-BV- 6870 and the muddamal stored in the said vehicle was not sent by Reliance Industries. Hence, no
Anticipatory bail granted as no prima facie case established for custodial interrogation or essential elements of the charges.
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 even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
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 has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail can be denied if the gravity of the offence and need for custodial interrogation outweigh individual rights, emphasizing the balance between personal liberty and public interest.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
Anticipatory bail granted as the applicant paid the disputed amount, indicating no loss to the government, and demonstrated willingness to cooperate with the investigation.
Anticipatory bail may be granted if the applicant is not named in the FIR, has no past criminal record, and custodial interrogation is not necessary.
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