HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SAGRAMBHAI SOMABHAI GOHIL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – 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 has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11214020250174 of 2025 registered with Kamrej Police Station, Surat Rural, for the offences punishable under Sections 303(1), 316(3), 316(4), 317(1), 317(2), 317(4), 318(3), 61(2)(a) and 54 of BNS.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant was not present at the scene of offence. He has been arraigned as an accused merely based on the statement of the accused No.5, who is driver, alleging that he was sent by the applicant with dumper containing low quality coal. In fact, the applicant is carrying out legal business of fire clay and he has sent the accused No.4 with the dumper along with invoice and deliver challan. It is alleged that when the raid was conducted by the police, at that time, driver of the applicant reached to the spot and upon interrogation, it was f
Anticipatory bail granted based on lack of evidence against the applicant and cooperation with the investigation, emphasizing judicial discretion in bail decisions.
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 based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.
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.
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 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.
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 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 there are no direct allegations against the applicant and they show willingness to cooperate with the investigation.
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