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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
HITENDRA @ PINTU @ NARENDRAKUMAR KUVARLAL JAYSWAL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[1.0] By way of the present application under Section 438 of the Code of Criminal Procedure , 1973, 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.11823004250141 / 2025 registered with Dediapada Police Station, Narmada for the o punishable under Sections 65(A)(E), 81, 116-B and 98(2) of the Prohibition Act .
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence and the allegations against the present applicant is that he is supplier and he has loaded the said contraband in vehicle, except this no allegation is levelled. Merely, on the basis of statement of co- accused, he arraigned as an accused. Even in the complaint, his mobile number is not mentioned and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
[3.0] Learned
Anticipatory bail may be granted when allegations lack substantial evidence and the applicant poses no flight risk, emphasizing a cautious judicial approach.
Anticipatory bail granted based on lack of past offences and willingness to cooperate, emphasizing careful judicial discretion in bail applications.
The court emphasized the need for judicious discretion in granting anticipatory bail, considering the nature of accusations and the applicant's judicial custody status.
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.
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 when the applicant shows willingness to cooperate with the investigation and the nature of accusations does not warrant custodial interrogation.
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 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.
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 the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
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