HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ACHARYA JAGJIVAN GIRDHARBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat and Mr. Raval waives for respondent No.2.
1. 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. 11213005240125 of 2024 registered with Bhadla Police Station, Rajkot Rural, for the offences punishable under Sections 306 and 114 of Indian Penal Code, 1860 and Sections 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant is accused No.2 in the FIR and has not played any role or any connection with the complainant or his deceased father. The applicant was working as a driver with Irrigation Department and on the day of incident, he being a driver of accused No.1 took accused No.1 in Government vehicle, who is Executive Engineer of Irrigation Department at the land where the deceased was digging the land and when accused No.1 asked
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The court held that anticipatory bail is justified when there is no prima facie evidence of involvement in the alleged offence under the Atrocities Act.
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 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 there is no prima facie evidence of involvement in serious allegations, particularly for Scheduled Caste individuals under the Atrocity Act.
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 ....
The court granted anticipatory bail based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
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.
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 granted based on applicant's cooperation with investigation and absence of prior criminal record, emphasizing judicial discretion in bail matters.
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