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HIGH COURT OF GUJARAT
HDS
JAGRUTIBEN CHIRAGBHAI RATHVA – 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 No.1 – 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 has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11196016240682 of 2024 registered with Makarpura Police Station, Vadodara City, for the offences punishable under Sections 316(2) and 318(2) of BNS.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Pursuant to the order dated 04.02.2025, the applicant has appeared before the Investigating ofÏcer and joined investigation. However, the offence is punishable upto 7 years. 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.
[3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
[4.0] Having heard the learned advocate for th
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.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
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.
The court granted anticipatory bail, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
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 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 applicant's cooperation in investigation and absence of prior convictions, emphasizing judicial discretion in bail matters.
Anticipatory bail can be granted when there are no direct allegations against the applicant and they show willingness to cooperate with the investigation.
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