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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
JOSHI HITESH PRAKASHBHAI – 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 – State of Gujarat.
2. 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. 11209017230816 of 2023 registered with Himmatnagar Rural Police Station, Dist. Sabarkantha, for the offences punishable under Sections 465 , 468 and 471 of Indian Penal Code, 1860 and Sections 65(a) and 65(e) of the Gujarat Prohibition Act .
3. Learned advocate for the applicant submits that the applicant is innocent and has nothing to do with the offence. The applicant has no past antecedent. Based on the statement of the co-accused, he has been arraigned as an accused. The applicant was never went to the place where liquor was loaded nor he knows the accused who was arrested. Prosecution has failed to prove allegation against the applicant. Therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view o
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 the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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 as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
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 due to lack of direct allegations against the applicant and no necessity for custodial interrogation.
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