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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PATEL SURESHBHAI KANTILAL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Learned counsel for the applicants, on instructions, does not press this application qua applicant Nos.1 and 3 – Patel Sureshbhai Kantilal and Patel Pravinbhai Mohanbhai. Hence, present application stands disposed of as not pressed qua applicant Nos.1 and 3. It is clarified that, applicant Nos.1 and 3 are at liberty to take appropriate recourse under the law. If any application is filed before the concerned authority/Court, the same shall be decided independently, on its own merits, without being influenced by the observations made in this order.
2. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat and Mr. Janak Raval waives Rule for the complainant.
3. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant Nos.2, 4 and 5 seek anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11206033240697 of 2024 registered with Unjha Police Station, Mehsana, for the offences punishable under Sections 108 and 54 of BNS.
4. It is submitted on behalf of the applicant Nos.2, 4 and 5 that, they are falsely involved in the FIR
Anticipatory bail granted due to lack of evidence linking applicants to the suicide, emphasizing the need for careful consideration of accusations and applicants' antecedents.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
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 – High Court or Court of Session could grant limited anticipatory bail in the form of an interim protection under Section 482 of BNSS, 2023 (Section 438 of Cr.P.C.) in interest of justic....
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