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HIGH COURT OF GUJARAT
HDS
ALPESHKUMAR RAMPRASAD RAMANUJ – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[1.0] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, 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.11200011241172 / 2024 registered with Valsad Rural Police Station, Valsad for the offences punishable under Sections 65(a), 65(e),98(2) and 116-B of the Prohibition Act and Sections 465, 468 and 471 of the Indian Penal Code.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. Applicant is not named in the FIR. The alleged incident took place on 18.06.2024, on the date date, he was detained in the judicial custody in connection with FIR being CR No.11208003 24 0538 of 2024, registered with Gandhigram-2 (University) Police Station, Rajkot City for the offence punishable under Sections 504 and 506 of IPC and Sections 3(2)(5-A) of the Atrocity Act. Counter of the charge-sheet is produced on record, wherein clearly stated that applicant was arrested on 17.05.2
The court emphasized the need for judicious discretion in granting anticipatory bail, considering the nature of accusations and the applicant's judicial custody status.
Anticipatory bail may be granted when allegations lack substantial evidence and the applicant poses no flight risk, emphasizing a cautious judicial approach.
Anticipatory bail granted based on lack of past offences and willingness to cooperate, emphasizing careful judicial discretion in bail applications.
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 can be granted when the applicant shows willingness to cooperate with the investigation and the nature of accusations does not warrant custodial interrogation.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
Anticipatory bail can be granted when the applicant is not named in the FIR, has no prior criminal record, and is willing to cooperate with the investigation.
Anticipatory bail may be granted if the applicant is not named in the FIR, has no requirement for custodial interrogation, and poses no flight risk.
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 should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.
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