HIGH COURT OF GUJARAT
MR. JUSTICE HASMUKH D. SUTHAR, J
PATEL SANJAYKUMAR DALCHHARAM (SANJAYBHAI DALSABHAI PATEL) – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] 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. 11206033250062 /2025 registered with Unjha Police Station, Ahmedabad, for the offences punishable under Sections 108 and 54 of the BNS.
[3.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and she is falsely enroped in the offence. The applicant has nothing to do with the deceased. The applicant is falsely implicated in connection with the constructions, the goods were purchased from the present applicant. The complaint is filed belatedly delay is unexplained. The alleged incident took place 10.01.2025 but the present complaint is lodged on 06.02.2025. Prima facie, there is no iota of evidence qua instigation or incitement. 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 therefore, custodi
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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, shows willingness to cooperate with the investigation, and poses no flight risk.
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 there are no past criminal antecedents, no necessity for custodial interrogation, and the nature of the accusation does not warrant severe punishment.
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 granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
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 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.
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