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HIGH COURT OF GUJARAT
HDS
MARGI VISHAL PATEL – 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.
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.11215037250024 of 2025 registered with Vidyanagar Police Station, District Anand for the offences punishable under Sections 406, 504, 506(2), 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant is a lady and she has nothing to do with the offence and has been falsely enroped in the offence, which allegedly occurred during the period from January, 2023 to April, 2024 for which the FIR is filed in January, 2025 i.e. after a delay of more than 9 months. Applicant is arraigned only because applicant is wife of accused No.1. The allegation in the FIR is that husband of the present applicant is partner of one Shiv Shakti Immigration and complainant approached the said firm for getting work permit VISA of UK and the husband of the a
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 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 are no past criminal antecedents, no necessity for custodial interrogation, and the nature of the accusation does not warrant severe punishment.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
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 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 granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
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.
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