HIGH COURT OF GUJARAT
HDS
JAGDISHBHAI BABUBHAI MALVIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
1. RULE. Learned APP waives service of rule for the respondent-State.
2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (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.11210055241462 of 2024 registered with Salabatpura Police Station, Surat for the offences punishable under Sections 420 and 114 of the Indian Penal Code, 1860.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed.
7. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictl
The court emphasized the careful consideration of bail applications, balancing the seriousness of charges against the applicant's cooperation with the investigation.
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 is granted based on the applicant's cooperation and lack of necessity for recovery, emphasizing the need for judicious discretion in bail applications.
The court granted anticipatory bail based on the applicant's lack of involvement in the alleged offence and her readiness to cooperate with the investigation.
The court granted anticipatory bail, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.
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 granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
Judicial discretion in granting anticipatory bail must consider the gravity of accusations and the applicant's past conduct, ensuring justice while avoiding prejudice.
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