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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
OMDEVSINH HARDEVSINH VALA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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.11198053240546 of 2024 registered with Talaja Police Station, District Bhavnagar for the offences under Sections 65(a), 65(e), 116-B, 98(2) and 81 of the Prohibition Act.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been implicated on the basis of statement of accused No.1 before the police and even the said statement is obtained by the police agency by applying third degree on accused No.1 for which independent proceeding against the police authority has been initiated by the learned Magistrate. Further, nothing is found from the conscious possession of the present applicant and even he was not present at the scene of offence when the contraband liquor was recovered. Even if the allegation made in the FIR is accepted as it is then also on behalf of prese
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
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 can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
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 granted when the applicant is not named in the FIR and no overt act is attributed to them, considering the nature of accusation and necessity for custodial interrogation.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
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