HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SUMITKUMAR ASHOKBHAI MORADIYA – 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 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him/her on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11210064250065 of 2025 registered with Godadara Station, Surat City for the o punishable under Sections 316(2), 316(5), 318(3) and 54 of the BNS and Sections 54 and 66(d) of the Information Technology Act.
3. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. Present applicant is not named in the FIR, he is residing at abroad and he is not directly connected with any of the accused. It is submitted that he is ready and willing to join the investigation. Applicant is having no past antecedents. Now nothing is required to be recovered and discovered from the accused and therefore, custodial interrogation at this stage is not necessary. Further, similarly situated co-accused is considered by this Court and therefore, applicant is entitled to parity. Besides, the applicant is available duri
Anticipatory bail can be granted when the applicant is not named in the FIR, has no prior criminal record, and is willing to cooperate with the investigation.
Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
The court emphasized the need for judicious discretion in granting anticipatory bail, considering the nature of accusations and the applicant's judicial custody status.
Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and the nature of accusations does not warrant custodial interrogation.
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 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 minimal involvement and absence of previous convictions, emphasizing judicial discretion and consideration of the nature of accusations.
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 as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
Anticipatory bail is granted based on the applicant's cooperation and lack of necessity for recovery, emphasizing the need for judicious discretion in bail applications.
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