HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
DINESH KANTILAL MENSARA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
1. RULE. Learned APP waives service of rule for the respondent-State.
2. 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. 11191037241461 /2024 registered with registered with Odhav Police Station, Ahmedabad, for the offences punishable under Sections 108, 238, 54 and 85 of the BNS.
3. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and she is falsely enroped in the offence and the allegations against the present applicant is that he is aware of the alleged offence. Though, he has destroyed the evidence and abetted the offence, except this, there is no any allegations qua direct instigation or involvement of the applicant, but, perusing the afÏdavit, Column No. 31, it appears that the allegations are against only accused Nos.1 to 3. Applicant is also not named in the FIR. It is submitted that applicant is ready and willing to join the investigation. Now nothing remains to be recovered or discovered from the present applicant and
Shri Gurubaksh Singh Sibbia & Ors.
Sushila Aggarwal v. State (NCT of Delhi)
Ayyub & Ors. Versus State Of Uttar Pradesh & Anr.
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 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 should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.
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.
Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
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 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.
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 granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
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