HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
LAXMINARAYAN HIMMATRAMJI VAISHNAV – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. By way of the present application under Section 482 of the of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) /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. 11210005250077/2025 registered with Athwalines Police Station, Surat, for the offences punishable under Sections 316(5) and 318 of the 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. The complaint is filed belatedly. The dispute is commercial in nature and the alleged transactions, which took place in the year 2021. Though once complaint is filed. As per the allegations made in the complaint, the applicant has purchased the goods and amount has not been fully paid, therefore, for recovery of the same the present complaint is filed. There is no iota of evidence qua cheating and criminal breach of trust. Now nothing remains to be recovered or discovered from the present applicant and therefore, custodial int
Anticipatory bail granted due to lack of evidence for cheating, emphasizing the importance of judicial discretion and the nature of accusations.
Anticipatory bail granted due to lack of connection to alleged offences and absence of prior convictions, emphasizing the necessity of judicial discretion in bail applications.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
Judicial discretion in granting anticipatory bail must consider the gravity of accusations and the applicant's past conduct, ensuring justice while avoiding prejudice.
Anticipatory bail granted based on lack of past criminal record and execution of a repayment agreement, emphasizing judicial discretion in bail matters.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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 granted anticipatory bail, emphasizing the absence of direct allegations against the applicant and the necessity of judicial discretion in bail considerations.
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 can be granted when the accused is not directly involved in the alleged offence and when the complaint is belated.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.