HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MUKESHBHAI NATHALAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 , the applicant accused has prayed to release him on anticipatory bail in the event of him arrest in connection with the FIR being C.R. No. 11206033250062 /2025 registered with Unjha Police Station, Ahmedabad, for the offences punishable under Sections 108 and 54 of the BNS.
[3.0] Learned Senior Advocate for the applicant submits that the applicant has nothing to do with the offence and she is falsely enroped in the offence. It is submitted that the business transactions is with the son of deceased and to come out from the said transactions, the alleged incident took place. The applicant has nothing to do with the deceased. The applicant is falsely implicated in connection with the constructions, the goods were purchased from the present applicant. There was a monetary transactions and to recover the said amount the said cheque was issued and the proceeding under Section 138 came to be initiated by the present applicant. The complaint is filed belatedly. Prima facie, there is no iota o
Shri Gurubaksh Singh Sibbia & Ors.
Sushila Aggarwal v. State (NCT of Delhi)
Chitresh Kumar Chopra vs. State (Government of NCT of Delhi)
Anticipatory bail should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.
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.
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 as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
The court emphasized the need for judicious discretion in granting anticipatory bail, considering the nature of accusations and the applicant's judicial custody status.
Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.
The court emphasized that substantial evidence is required for accusations of instigation under Section 108, allowing anticipatory bail based on lack of evidence.
Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and the nature of accusations does not warrant 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 the applicant is not named in the FIR, has no prior criminal record, and is willing to cooperate with the investigation.
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