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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
LAXMANBHAI DEVSHIBHAI BHADKA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – 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 C.R. No.11211056250109 of 2025 registered with Surendranagar City ‘B’ Division Police Station, District Surendranagar for the offences punishable under Sections 109(1), 115(2), 324(4), 189(1), 191(2), 191(3), 190, 352, 351(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been falsely enroped in the offence. Applicant is senior citizen aged 75 years and suffering from various age related ailments. The allegation is that quarrel took place between accused Nos.1, 2 and 3 at the hotel owned by the complainant and thereafter while the settlement talks were going on, accused Nos.3 to 9 forming unlawful assembly and armed with deadly weapon made an assault and damaged the Scorpio Car of the complainant and in
Anticipatory bail granted due to the applicant's age and lack of overt acts, emphasizing the need for judicious discretion in bail applications.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
The court ruled that anticipatory bail is warranted when no overt act is attributed to the applicants, emphasizing the need for cautious discretion in bail matters.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
The court granted anticipatory bail, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
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.
The court established that anticipatory bail can be granted when applicants show no specific involvement in alleged offences and lack past criminal records.
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 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 established that anticipatory bail can be granted when the applicant cooperates with the investigation and the nature of the injury is minor, negating the need for custodial interrogation.
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