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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ANILKUMAR JAYRANCHHOD SEVAK – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
1. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant seeks anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11204021250002 of 2025 registered with Dakor Police Station, Dist. Kheda, for the offences punishable under Sections 406, 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been falsely roped in the offence. The applicant is practicing advocate and notary and no allegation of direct involvement is there. Allegation is that, he has notarized one document which came to be executed by the co-accused and identified the co-accused. He has not played any active role or involvement in the alleged offence. The alleged document is already in possession of the co-accused. Nothing is required to be recovered from the applicant. Therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the c
The court granted anticipatory bail, emphasizing the need for judicious discretion in bail applications while considering the nature of accusations and the applicant's role.
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.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
Anticipatory bail granted due to lack of direct allegations against the applicant and no necessity for custodial interrogation.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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