Back
HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
AMIRBHAI MOHAMMEDBHAI VAHORA – 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 applicants accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11204067250041 of 2025 registered with Sevaliya Police Station, District Kheda for the offences punishable under Sections 3(5), 61, 109, 118(1), 189(2), 189(4), 191(3), 190, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”); section 30 of the Arms Act and section 135 of the Gujarat Police Act.
2. Learned advocate for the applicants submits that the applicants are innocent and have been falsely implicated in the offence as they were members of unlawful assembly. Whatever allegation qua assault is made is against one Shakeel and not against any of the present applicants. The present applicants are alleged to have been armed with hockey but they have not assaulted any of the witness or the complainant. The alleged incident took place in connection with oral altercation where one Shakeel made an
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.
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 granted due to the applicant's age and lack of overt acts, emphasizing the need for judicious discretion in bail applications.
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.
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 applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
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 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 based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
