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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MAHESHBHAI PREMJIBHAI JEJARIYA – 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.11190006250043 of 2025 registered with Ranpur Police Station, District Botad for the offences punishable under Sections 78(2), 189(2), 191(2), 191(3), 190, 352, 351(3), 115(2), 118(2) and 117(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and section 135 of the Gujarat Police Act.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant who is an army man was in the village as he was on leave and keeping grudge of the cross-complaint arising out of free fight, present applicant is sought to be arraigned. Further, when the leave of the applicant got over, he has resumed his duty and in that regard, his Commanding Officer has addressed a letter to the Superintendent of Police, Botad dated 13.01.2025 stating that app
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 granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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 judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
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 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 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 in investigation and absence of prior convictions, emphasizing judicial discretion in bail matters.
Anticipatory bail may be granted if the applicant is not named in the FIR, has no requirement for custodial interrogation, and poses no flight risk.
Anticipatory bail can be granted based on the applicant's circumstances, including the nature of the accusation and the absence of a need for recovery from the applicant.
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