HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
LALITKUMAR SHAMARAM PARMAR – 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.
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 CR No.11210067250076 of 2025 registered with Saroli Police Station, District Surat for the offences punishable under Sections 490, 420 and 114 of the Indian Penal Code, 1860.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant has been falsely enroped in the offence in the capacity of merchant however, infact he is working with accused No.2 who is the owner of the firm namely Radhe Creation and even the GST number and ownership of the proprietorship firm belongs to accused No.2 and accused Nos.1 and 2 had purchased goods worth Rs.28,10,390/- from the complainant and after returning the defective goods worth of Rs.2,89,086/-, Rs.25,21,304/- is yet to be paid by the accused persons. However, the applicant has nothing to do with the said transaction and even
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 based on the nature of allegations and cooperation of the applicant in the investigation, with necessary conditions imposed.
Anticipatory bail granted based on lack of past criminal record and execution of a repayment agreement, emphasizing judicial discretion in bail matters.
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.
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.
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 if the applicant is not named in the FIR, has no requirement for custodial interrogation, and poses no flight risk.
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 granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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