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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SHARDABEN @ KALIBEN HAMIRBHAI VEGAD – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] ADMIT. Learned APP waives service of notice of Rule on behalf of respondent No.1 – State of Gujarat.
[2.0] Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) challenging the order dated 08.08.2024 passed by the learned 2nd Additional Sessions Judge, Jetpur, District Rajkot in Criminal Misc. Application No.168 of 2024 whereby the learned Judge rejected the application filed by the present appellant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “ BNS S ”) seeking anticipatory bail in connection with FIR being C.R. No.11213096240313 of 2024 registered with Jetpur Udyognagar Police Station, Rajkot Rural for the offences punishable under Sections 115(2), 118(1), 117(2), 351(1) , 352 , 324(2), 61(2), 189(2), 191(2), 191(3) and 54 of the Bharatiya Nyaya Sanhita, 2023 (For short “ BNS ”) and section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act and section 135 of the Gujarat Police Act .
[3.0] Learned advocate for the appellant submitted that the appellant is a lady
Anticipatory bail can be granted when there is no prima facie evidence of involvement in serious allegations, particularly for Scheduled Caste individuals under the Atrocity Act.
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
The court held that anticipatory bail is justified when there is no prima facie evidence of involvement in the alleged offence under the Atrocities Act.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
Anticipatory bail should be denied when there is prima facie evidence of involvement in serious offenses, especially to prevent tampering with evidence and ensure a fair investigation.
Anticipatory bail may be granted when the applicant shows willingness to cooperate with the investigation and when 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.
Anticipatory bail may be granted when the applicant demonstrates non-involvement in the offence and willingness to cooperate with the investigation, considering the nature of the charges and absence ....
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
The court granted anticipatory bail, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.
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