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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAMANJI RAMAJI 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 No.1 – State of Gujarat and Mr. Joshi, learned counsel waives Rule for the complainant.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the applicants have prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11209054250015 of 2025 registered with Vadali Police Station, Sabarkantha, for the offences punishable under Sections 189(2), 191(2), 191(3) , 190 , 118(2), 115(2) , 352 and 351(3) of BNS and Section 135 of G.P. Act .
[2.0] Learned advocate for the applicants submits that the applicants have nothing to do with the offence. The applicants have no past antecedent. Complaint is filed against 14 accused and one mob of 20 persons. No specific role is attributed to the applicants. The applicants have not caused any injury. There was no any intention to cause any injuries or harm to the victims. Accused went to the place and at that time, one Nagarji had made an assault by knife, who was arrested and enlarged on bail. Nothing is required to be recover
The court established that anticipatory bail can be granted when applicants show no specific involvement in alleged offences and lack past criminal records.
The court ruled that anticipatory bail is warranted when no overt act is attributed to the applicants, emphasizing the need for cautious discretion in bail matters.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
Anticipatory bail granted due to the applicant's age and lack of overt acts, emphasizing the need for judicious discretion in bail applications.
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 ....
The court established that anticipatory bail can be granted when the applicant cooperates with the investigation and the nature of the injury is minor, negating the need for custodial interrogation.
Anticipatory bail may be granted when the accused joins the investigation and there is no necessity for custodial interrogation, especially for offences punishable up to 7 years.
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 careful discretion in evaluating the nature of accusations and the applicant's background, particularly in commercial disputes.
The court granted anticipatory bail, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
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