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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Mohammed Iqraf Abdulkarim Dangara (Mohammed Iqraf Karimbhai Dangra) – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicants accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11203025240054 of 2024 registered with Junagadh Taluka Police Station, District Junagadh for the offences punishable under Sections 406, 409, 420, 468, 471, 120(B) and 114 of the Indian Penal Code, 1860 (for short “IPC”).
3. Learned advocate for the applicants has submitted that present applicants are falsely enroped in the offence though transaction involved in the present case is purely a commercial transaction and in this regard accused No.1 has already issued a cheque and in the notice of demand issued under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”), no reference has been made qua alleged transaction and subsequently in the FIR new story and new grounds have been urged. Further, applicant No.2 happens to be the son of applicant applicant No.1 and has nothing to do with the offence and whatever
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
Anticipatory bail can be denied if the gravity of the offence and need for custodial interrogation outweigh individual rights, emphasizing the balance between personal liberty and public interest.
A proclaimed offender is not entitled to anticipatory bail, particularly in serious fraud cases, unless exceptional circumstances exist.
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 can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
The judgment emphasized the seriousness of economic offences, the need for custodial interrogation, and the balance between individual rights and public interest in granting anticipatory bail.
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