HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PIYUSHBHAI BHARATSINH PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11204045240372 of 2024 registered with Nadiad Rural Police Station, District Kheda for the offences punishable under Sections 420 , 409 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code , 1860.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and his name has surfaced during the investigation. The applicant is working as collecting agent for Aashirvad Finance Company and allegation of forgery is not against the present applicant and the only allegation is that he misappropriated an amount of Rs.32,508/- which he has already deposited back and therefore, now nothing is required to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Further, similarly situate
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail may be granted when the applicant cooperates with the investigation, has no prior convictions, and the nature of accusations does not necessitate custodial interrogation.
Anticipatory bail should be granted judiciously, considering the nature of accusations and the applicant's cooperation with the investigation.
Anticipatory bail may be granted if the applicant is not named in the FIR, has no past criminal record, and custodial interrogation is not necessary.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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