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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
Ishwarshankar Ramcharitra Mishra – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
1. RULE. Learned advocates waive service of notice for the respective respondents.
2. By way of the present application under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”), 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.11822022240704 of 2024 registered with Vijalpor Police Station, Navsari for the punishable under Sections 115(2), 352 , 351(3) , 109(1) , 189(2) , 190 and 191 of theBharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and Section 3(1)(r)(s), 3(2)(v)(a), 3(2)(v), 3(2)(vii), 3(2)(va) of the Atrocity Act.
3. The brief facts of the case are that a dispute has been ongoing for the past two years concerning open land located near the Dholikui Temple. On October 23, 2024, at 8:15 AM, the accused, in collaboration with co-accused individuals, made caste-based remarks and hurled filthy abuses at the complainant and his wife. They also assaulted the complainant with weapons, causing injuries to his head and hand. Consequently, an FIR was registered against the accused per
Anticipatory bail should be denied when there is prima facie evidence of involvement in serious offenses, especially to prevent tampering with evidence and ensure a fair investigation.
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
The court emphasized that anticipatory bail should not be granted in cases involving serious allegations, even if custodial interrogation is not necessary, focusing on the prima facie case and nature....
Anticipatory bail should not be granted in serious offences involving prima facie evidence of involvement, as it may hinder the investigation and compromise justice.
The court held that anticipatory bail is justified when there is no prima facie evidence of involvement in the alleged offence under the Atrocities Act.
Anticipatory bail can be granted when there is no prima facie evidence of involvement in serious allegations, particularly for Scheduled Caste individuals under the Atrocity Act.
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
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