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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SURESH ARUNBHAI TRIVEDI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant seeks anticipatory bail (Para 1) |
| 2. applicant argues against necessity of custodial interrogation (Para 2) |
| 3. state opposes bail citing serious offence (Para 3) |
| 4. court emphasizes discretion in bail (Para 4) |
| 5. application allowed with conditions (Para 6 , 7 , 8) |
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
1. 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 I-C.R. No.114 of 2018 dated 27.06.2018 registered with ‘B’ Division Police Station, District Junagadh for the offences punishable under Sections 406, 403 and 408 of the Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and is falsely enroped in the offence. The FIR is filed belatedly. The applicant joined the complainant namely Divya Bhaskar Group as a DTP In Charge in the year 2007 and thereafter got promotion from time to time. That, due to some issue qua wag
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
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