HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SALIM BABUBHAI SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP and learned advocate for the original complainant waive service of notice of Rule for and on behalf of the respondent Nos.1 and 2 respectively.
1. 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 him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11210025243787 of 2024 registered with Limbayat Police Station, District Surat for the offences punishable under Sections 376, 376(2)(N), 376(2)(J), 376(3), 342, 323, 114 and 506(2) of the Indian Penal Code, 1860 and sections 3(a), 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act (for short “POCSO Act”).
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is not named in the FIR. Whatever allegation of sexual assault made by the complainant is against accused No.1, who happens to be the nephew of the present applicant and as marriage of accused No.1 and victim was not solemnized and not accepted by the present applicant being uncle of accused No.1, present applicant is implicated in the of
Anticipatory bail granted where the applicant is not named in the FIR, lacks prior convictions, and no need for custodial interrogation is established.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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.
The court granted anticipatory bail based on the applicant's lack of involvement in the alleged offence and her readiness to cooperate with the investigation.
The court granted anticipatory bail, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.
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 based on the applicant's circumstances, including the nature of the accusation and the absence of a need for recovery from the applicant.
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 ....
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
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.
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