HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PRIYAK @ VICKYBHAI MAHENDRAKUMAR SHAH PROPRIETOR OF HIRAL TEXTILES – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – 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 has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11210015240113 of 2024 registered with DCB Police Station, Surat, for the offences punishable under Sections 409, 420 and 114 of Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant has no past antecedent. Dispute is commercial in nature. Whatever transaction took place at the instance of accused No.1. The applicant has issued cheque to the complainant, which was dishonored and for that, notice under Section 138 of NI Act came to be issued. Even as per the say of the applicant, he has to pay Rs.7 lacs and huge amount is mentioned in the FIR. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
3. Learned Additional Public Prosecutor
Shri Gurubaksh Singh Sibbia & Ors.
Arnesh Kumar v. State of Bihar
Satender Kumar Antil v. Central Bureau of Investigation & Anr.
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 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 based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.
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 due to lack of connection to alleged offences and absence of prior convictions, emphasizing the necessity of judicial discretion in bail applications.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
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 accused joins the investigation and there is no necessity for custodial interrogation, especially for offences punishable up to 7 years.
The court granted anticipatory bail, emphasizing the absence of direct allegations against the applicant and the necessity of judicial discretion in bail considerations.
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