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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
KAIWALYA RITESHBHAI SONI – 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.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicants – accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.I-11206020241284 / 2024 registered with Kadi Police Station, Mehsana for the offences punishable under Sections, 406, 420, 506 and 114 of the IPC.
[2.0] Learned advocate for the applicants submits that the applicants have nothing to do with the offence and they are falsely enroped in the offence. Now nothing remains to be recovered or discovered from the present applicants and pursuant to order passed by this Court, dated 13.02.2025, applicants have joined the investigation. Therefore, custodial interrogation at this stage is not necessary. In view of the above, the applicants may be granted anticipatory bail.
[3.0] Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the of
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 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 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, emphasizing the need for judicious discretion and considering the absence of necessity for custodial interrogation due to seized evidence.
Anticipatory bail granted based on applicant's cooperation in investigation and absence of prior convictions, emphasizing judicial discretion in bail matters.
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.
Anticipatory bail granted considering applicant's cooperation in investigation and absence of need for custodial interrogation.
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.
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