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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
VIJAYBHAI MOTIBHAI HARSIDHIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant seeks anticipatory bail (Para 1) |
| 2. applicant claims false involvement (Para 2) |
| 3. state opposes bail (Para 3) |
| 4. court considers bail factors (Para 4) |
| 5. court allows bail application (Para 5) |
| 6. 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 Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant seeks anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216011240628 of 2024 registered with Infocity Police Station, Gandhinagar, for the offences punishable under Sections 409 and 114 of the Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been falsely roped in the offence. The applicant was employee of one Overseas Gate situated at Kudasan and as per the allegations made in the FIR itself, it reveals that the applicant has received Rs.11 lacs at the behest of Gagandip Singh and whatever the transactions took place were with Gagandip Singh. It i
Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
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 when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted based on minimal involvement and absence of previous convictions, emphasizing judicial discretion and consideration of the nature of accusations.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
Anticipatory bail granted due to lack of direct allegations against the applicant and no necessity for custodial interrogation.
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