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HIGH COURT OF GUJARAT
HDS
SUKABHAI HARIBHAI BHARWAD (SUKHABHAI HARIBHAI SHIYADIYA) – 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 him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11214020242188 of 2024 registered with Kamrej Police Station, Surat Rural for the offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 190, 115(2), 109, 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant has been falsely enroped in the offence. Prima facie there is no evidence to connect the present applicant with the alleged offence which took place on 22.09.2024. Present applicant did receive the phone call which lead to the brawl in connection of parking the vehicle and brother of the complainant one Dilipbhai had made assault with spade to son of the present applicant who is arraigned as accused No.1 who is arrested and then released
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.
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 applicant cooperates with the investigation, has no prior convictions, and the nature of accusations does not necessitate custodial interrogation.
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 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 the applicant cooperates with the investigation and the nature of the injury is minor, negating the need for custodial interrogation.
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 granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
Anticipatory bail granted based on applicant's cooperation in investigation and absence of prior convictions, emphasizing judicial discretion in bail matters.
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