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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
DEVJIBHAI JESANGBHAI HARIJAN – 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.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11993010250004 of 2025 registered with Rapar Police Station, Dist. Kachchh (East) Gandhidham, for the offences punishable under Section s 4 (3) and 5(C) of Gujarat Land Grabbing (Prohibition) Act, 2020 .
[2.0] Learned advocate appearing on behalf of the appellant submits that the applicant is innocent and has been falsely implicated in the offence. He is senior citizen and is in possession of the land in question since long. Based on hazy and incorrect facts, complaint is filed. Prior to lodgment of the complaint, in connection with incorrect and faulty measurement of the land in question on the part of DILR and revenue authority, dispute arose between the applicant and revenue authority and for that, the applicant had filed a suit before the trial Court and due to want of prosecution, the said suit was dismi
Anticipatory bail granted under Section 482 of BNSS considering applicant's prior possession, lack of criminal history, and ongoing civil suit.
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 due to lack of prima facie evidence against the applicant, emphasizing the need for judicious 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.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
The court established that anticipatory bail may be granted if the applicant poses no flight risk and has no prior criminal record, emphasizing the need for judicial discretion in such matters.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
The court granted anticipatory bail based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.
The court granted anticipatory bail, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
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.
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