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2025 Supreme(GUJ) 554

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SUMITKUMAR ASHOKBHAI MORADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR. MAYUR P. DHAMELIYA(14260) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

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

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