HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAJESHBHAI LAKHABHAI SODHIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – 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 accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11189003242047 of 2024 registered with 'A' Division Police Station, Morbi City for the offences punishable under Sections 386, 506(2) and 114 of the Indian Penal Code, 1860 and sections 40 and 42 of the Gujarat Money Lenders Act.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is falsely enroped in the offence. The allegation is that the complainant borrowed Rs.2 lakh from accused No.2 at the say of accused No.1 pursuant to which complainant paid in total Rs.22 lakh to the accused persons and the accused persons forcibly got executed agreement to sell from the complainant in connection with his land situated at Manekwada village and also taken two blank cheques of the complainant and in this regard complaint is filed. The complainant himself appear
The court established that anticipatory bail may be granted if the applicant poses no flight risk and has no prior criminal record, emphasizing the need for judicial discretion in such matters.
The court granted anticipatory bail, emphasizing the absence of direct allegations against the applicant and the necessity of judicial discretion in bail considerations.
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.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
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 based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.
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 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 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.
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