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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAM PUNDLIK JADHAO – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail (Para 1) |
| 2. applicant's defense against allegations (Para 2) |
| 3. opposition to anticipatory bail (Para 3) |
| 4. judicious exercise of discretion (Para 4) |
| 5. grant of anticipatory bail (Para 5 , 6 , 7 , 8) |
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
2. Learned advocate for the applicant submits that the applicant falsely enroped in the offence in the pretext of having relationship with his earlier wife. The applicant used to talk to his earlier wife and due to this, the deceased has committed suicide and it is alleged that she was tortured by the applicant. Though there is no suicide note recovered. The alleged offence took place on 27.11.2024 and the complaint has been registered on 25.12.2024 and hence, now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. There are not antecedents against the present applicant. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipat
Anticipatory bail can be granted when there are no past criminal antecedents, no necessity for custodial interrogation, and the nature of the accusation does not warrant severe punishment.
Anticipatory bail granted due to lack of direct allegations against the applicant and no necessity for custodial interrogation.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail may be granted when there is insufficient evidence to support accusations of instigation or harassment, and the applicant shows willingness to cooperate with the investigation.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, 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 can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
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.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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.
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