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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SANKAJI RANCHHODJI THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
At the outset, learned advocate for the applicants does not press the present application qua applicant No.1 and hence, present application is disposed of as not pressed qua applicant No.1 – SANKAJI RANCHHODJI THAKOR.
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 applicants accused have prayed to release them on anticipatory bail in the event of their 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. Learned advocate for the applicants submits that the applicants have been falsely implicated in the offence only because they are members of the managing committee of the society and have committed negligence in performing their duty due to which the Secretary of the society has misappropriated Rs.47.11 lakh of the society with which the present applicants are not connected however, the applicants are ready and willing to join t
Anticipatory bail granted based on lack of direct involvement in misappropriation and cooperation in investigation, emphasizing judicial discretion in bail applications.
Anticipatory bail may be granted when the applicant shows willingness to cooperate with the investigation and when custodial interrogation is not necessary.
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 can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
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 cooperation with investigation and absence of necessity for custodial interrogation, emphasizing judicial discretion based on offence severity.
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 established that anticipatory bail can be granted when applicants show no specific involvement in alleged offences and lack past criminal records.
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.
The court emphasized the careful consideration of bail applications, balancing the seriousness of charges against the applicant's cooperation with the investigation.
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