HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
NILESHBHAI RANABHAI MODHVADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
Registry to accept vakalatnama of learned advocates Mr. J.L. Chan and Mr. Mohsin Koreja, who have instructions to appear for the original complainant.
1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
2. 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.11191036240227 of 2024 registered with Navrangpura Police Station, Ahmedabad City for the offences punishable under Sections 316(2), 318(4), 319(2) and 61 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
3. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. Now nothing remains to be recovered or discovered from the present applicant and pursuant to issuance of notice, applicant has joined the investigation. Further, he is ready and willing to remain present before the I.O, if required. Therefore, custodial interrogation at this stage is not necessary. In view of the ab
Anticipatory bail granted due to cooperation with investigation and absence of necessity for custodial interrogation, emphasizing judicial discretion based on offence severity.
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 granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
Anticipatory bail can be granted when there are no direct allegations against the applicant and they show willingness to cooperate with the investigation.
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 granted based on applicant's cooperation in investigation and absence of prior convictions, emphasizing judicial discretion in bail matters.
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.
The court emphasized the careful consideration of bail applications, balancing the seriousness of charges against the applicant's cooperation with the investigation.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
The court granted anticipatory bail, emphasizing the need for careful discretion in evaluating the nature of accusations and the applicant's background, particularly in commercial disputes.
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