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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
HETALBEN NIMESHBHAI VORA – Appellant
Versus
STATE OF GUJARAT – Respondent
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 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11208055240280 of 2024 registered with DCB Police Station, Rajkot City, for the o punishable under Sections 465, 467, 468, 471, 474, 420 and 120B of Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant is lady and has nothing to do with the offence. The applicant has no past antecedent. The applicant has been arraigned as an accused No.9 being proprietor of Arham Steel. It is alleged against the applicant is that, during period 01.06..2023 to 30.09..2023, one M/s. Parmar Enterprise has passed on fake input tax credit to 14 taxpayers including the present applicant’s firm i.e. Arham Steel to the tune of Rs.7,64,332/-. In this regard, FIR came to be filed against the applicant including other 13 other companies. The applicant has nothing to do with the offence. Her husband is looki
The court emphasized the need for careful consideration of bail applications, balancing the gravity of accusations against the applicant's willingness to cooperate and lack of prior offenses.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail granted due to lack of direct allegations against the applicant and no necessity for custodial interrogation.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
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 can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
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