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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MITESHKUMAR RAMESHBHAI TRAPASIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
1. RULE. Learned APP waives service of rule for the respondent-State.
2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him/her on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.I-11210064250065 /2025 registered with Godadara Station, Surat for the offences punishable under Sections 316(2), 316(5), 318(3) and 54 of the BNS and Sections 54 and 66(d) of the Information Technology Act.
2. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. Present applicant is not named in the FIR, he is residing at abroad and he is not directly connected with any of the accused. It is submitted that he is ready and willing to join the investigation. Applicant is having no past antecedents. Now nothing is required to be recovered and discovered from the accused and 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 of the above, the app
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.
Anticipatory bail can be granted when the applicant is not named in the FIR, has no prior criminal record, and is willing to cooperate with the investigation.
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 the applicant is not named in the FIR, shows willingness to cooperate with the investigation, and poses no flight risk.
Anticipatory bail granted based on minimal involvement and absence of previous convictions, emphasizing judicial discretion and consideration of the nature of accusations.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need 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 can be granted when the applicant's role is not established and there's a lack of substantial evidence.
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.
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