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HIGH COURT OF GUJARAT
HDS
RITESHKUMAR RAGHUBHAI PATEL – 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.11822004250006 of 2024 registered with Khergam Police Station, District Navsari for the offences under Sections 65(A) (E), 116(2), 81 and 98(2) of the Prohibition Act.
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been falsely enroped in the offence. The allegation is that applicant received order and loaded the prohibited muddamal however, the said muddamal has been seized and therefore, now nothing is required to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. 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 Additio
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 due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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.
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 accused joins the investigation and there is no necessity for custodial interrogation, especially for offences punishable up to 7 years.
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 applicant cooperates with the investigation, has no prior convictions, and the nature of accusations does not necessitate custodial interrogation.
Anticipatory bail granted based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
The court established that anticipatory bail can be granted when the applicant cooperates with the investigation and the nature of the injury is minor, negating the need for custodial interrogation.
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.
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