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HIGH COURT OF GUJARAT
HDS
SANGITABEN PRAKASHJI THKAOR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release her on anticipatory bail in the event of her arrest in connection with the FIR being C.R. No.11216009240686 of 2024 registered with Mansa Police Station, District Gandhinagar for the offences punishable under Sections 409 and 114 of the Indian Penal Code, 1860.
[2.0] Learned advocate for the applicant submits that the applicant is a lady accused and has been falsely implicated in the offence only because she is member of managing committee of the society and has committed negligence in performing her duty due to which the Secretary of the society has misappropriated Rs.47.11 lakh of the society with which the present applicant is not connected however, the applicant is ready and willing to join the investigation and hence, now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the
Anticipatory bail may be granted when the applicant shows willingness to cooperate with the investigation and when custodial interrogation is not necessary.
Anticipatory bail granted based on lack of direct involvement in misappropriation and cooperation in investigation, emphasizing judicial discretion in bail applications.
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 when the applicant cooperates with the investigation, has no prior convictions, and the nature of accusations does not necessitate custodial interrogation.
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 when the accused joins the investigation and there is no necessity for custodial interrogation, especially for offences punishable up to 7 years.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
Anticipatory bail may be granted when the applicant demonstrates non-involvement in the offence and willingness to cooperate with the investigation, considering the nature of the charges and absence ....
The court granted anticipatory bail, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.
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