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HIGH COURT OF GUJARAT
HDS
PRASAD SHASHI BHUSHAN SATISHCHANDARA SINGH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
Registry to accept vakalatnama of learned advocate Mr. Dilip Kanojiya, who has instructions to appear for the original complainant.
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), 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.11191039240423 of 2024 registered with Sabarmati Police Station, Ahmedabad City for the offences punishable under Sections 406, 420, 465, 466, 467, 468, 469, 471, 114 and 120(B) of the Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence however the complaint is filed with ulterior motive. Though earlier complainant had filed the private complaint before the learned Magistrate being Criminal Inquiry No.7/2015 which came to be dismissed and said order was challenged by way of filing Criminal Revision Application No.243/2018 before the learned City Sessions Judge, Ahmedabad which was also dismissed in the year 2019 which was challenged before this Court by way of filing Special Criminal Application No.5
Anticipatory bail granted based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing the need for judicious discretion in bail applications.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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, has no criminal antecedents, and is willing to cooperate with the investigation.
The presumption of innocence and conditions for anticipatory bail are critical, necessitating careful examination of charges and investigations.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Cheating - Anticipatory bail rejected - Applicants had obtained huge amount of loan from PNB Housing Finance Limited by preparing forged signature of complainant as manufactured documents such as Dec....
Anticipatory bail granted due to lack of direct allegations against the applicant and no necessity for custodial interrogation.
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