HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
NARANBHAI RAMABHAI CHUDASMA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973/under Section 482 of the 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.11186009230376 /2023 registered with Veraval, Police Station : Gir-Somnath for the offences punishable under Sections 306, 506(2) and 114 of the IPC.
2. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. It is submitted that the complaint was filed belatedly, three days after the incident. The allegations against the present applicant are baseless, even if accepted as true. Despite this, based on the suicide note, the present applicant was arrested. It is stated that the present applicant owed an amount of ₹90 lakhs to the deceased, borrowed approximately one year prior, and despite repeated demands, this amount remained unpaid. Beyond this, no other allegations have been made. There are no elements of mens rea or instigation attributable to the present applicant.
Anticipatory bail granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
Anticipatory bail should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.
The court emphasized that substantial evidence is required for accusations of instigation under Section 108, allowing anticipatory bail based on lack of evidence.
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 when there is insufficient evidence to support accusations of instigation or harassment, and the applicant shows willingness to cooperate with the investigation.
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.
Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.
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 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 is not named in the FIR, shows willingness to cooperate with the investigation, and poses no flight risk.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.