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HIGH COURT OF GUJARAT
HDS
CHIRAG GUNVANTBHAI PRAJAPATI – 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.11210025250496 of 2025 registered with Limbayat Police Station, Surat City for the offences punishable under Sections 420, 409 and 114 of the Indian Penal Code, 1860.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is falsely enroped in the offence. The allegation is that the complainant had sent gray cloth worth Rs.67,18,865/- through 43 different bills during the period from 18.03.2024 to 15.06.2024 to the present applicant i.e. proprietor of Shubham Fashion however, subsequent to filing of the FIR, the applicant has executed a Memorandum of Understanding dated 12.08.2024 in favor of the complainant pursuant to which the applicant has issued cheques to pay the amount and hence, there is no any allegation against the
Anticipatory bail granted based on lack of past criminal record and execution of a repayment agreement, emphasizing judicial discretion in bail matters.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
Anticipatory bail granted due to lack of connection to alleged offences and absence of prior convictions, emphasizing the necessity of judicial discretion in bail applications.
The court granted anticipatory bail, emphasizing the absence of direct allegations against the applicant and the necessity of judicial discretion in bail considerations.
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 shows willingness to cooperate with the investigation and the nature of accusations does not warrant custodial interrogation.
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.
The court established that anticipatory bail may be granted if the applicant poses no flight risk and has no prior criminal record, emphasizing the need for judicial discretion in such 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.
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