HIGH COURT OF GUJARAT
HDS
INDRAKUMAR DHANJIBHAI DAMOR – 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.11191002240477 of 2024 registered with Ranip Police Station, Ahmedabad City for the offences under Sections 65(a), 65(e), 116(B) and 98(2) of the Prohibition Act.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is implicated only because he is the owner of the vehicle from which muddamal liquor is recovered. The driver Kishan of the said vehicle is on run. The applicant is not having any past antecedent. Hence, now nothing remains to be recovered or discovered from the present applicant 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 applicant may be granted anticipatory bail.
3.
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 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.
The court granted anticipatory bail, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
Anticipatory bail can only be granted in exceptional circumstances, balancing individual rights against societal interests, especially in serious offenses.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
Anticipatory bail denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.
Anticipatory bail should be granted judiciously, considering the nature of accusations and the applicant's cooperation with the investigation.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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