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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BALVANTJI S/O BHEMAJI MENSARA – 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. Prajapati waives for the complainant.
1. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant who is accused No.3, seeks anticipatory bail in the event of her arrest in connection with the FIR being C.R. No.11191037241461 of 2024 registered with Odhav Police Station, Ahmedabad for the offences punishable under Sections 108, 238 and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been falsely roped in the offence. He has submitted that, the applicant is distant relative of the deceased and no any allegation which substantially attracts or supports the case of the prosecution that the applicant has actively participated in the alleged offence. The applicant is not having any past antecedent. FIR is filed belatedly. In such circumstances, no custodial interrogation is required. Besides, the applicant is available during the course of investigation and will not flee fro
Anticipatory bail can be granted when there are no direct allegations against the applicant and they show willingness to cooperate with the investigation.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of prior criminal record, 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.
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 due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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 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 in investigation and absence of prior convictions, 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.
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