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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 :
HASMUKH D. SUTHAR, J.
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.11214046241892 of 2024 dated 09.01.2025 registered with Surat Rural (Palsana) Police Station, Surat for the offences punishable under Sections 108 , 85 of the BNS , 2023.
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 th
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.
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