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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Sanjaybhai Ishwarbhai Desai – 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 No.1 – State of Gujarat.
1. 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.11191028250015 / 2025 registered with Vejalpur Police Station, Ahmedabad City for the offences punishable under Sections 109(1), 115(2), 118(1), 117(2), 296(b), 324(4) and 54 of BNS and Section 135(1) of GP Act.
2. Learned Senior Advocate Mr.N.D. Nanavaty assisted by learned advocate Mr. Rahul R. Dholakia for the applicant has submitted that present applicant is innocent and he is falsely implicated in the offence. He has not committed any offence and he has not played any role, much less the offence under Section 109 of the BNS. Present applicant is having no past antecedents. The incident occurred in two parts; (i) initially incident took place at a pan Parlour where the injured party, Urvesh Gajjar, was not present, and subsequently (ii) in second part of incident at Saibaba Flat, whe
The court emphasized the necessity of custodial interrogation in serious offences, balancing individual rights against public interest, and found sufficient prima facie evidence of the applicant's in....
Anticipatory bail can be granted when the applicant is not named in the FIR and no overt act is attributed to them, considering the nature of accusation and necessity for custodial interrogation.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
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