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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Sohambhai Prakashbhai Gondaliya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
1. RULE. Learned advocates waive service of notice for the respective respondents.
2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being I- C.R.No.11208052240585 of 2024 registered with Bhaktinagar Police Station, Rajkot for the punishable under Sections 316(2) and 318(4) of the the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
3. The brief facts of the case are that the complainant is the owner of Dwarkesh Enterprise and is engaged in the wholesale mobile business. During the course of business, the complainant came into contact with Accused No. 1, and a business relationship developed. Between March 2024 and June 2024, the complainant conducted business transactions amounting to Rs.7,55,000/- for mobile phones and other accessories. However, when the complainant sought recovery of the amount, Accused No. 1 refused to repay it and allegedly committed the said offence.
4. The learned advocate for the applicant submits that the applicant has no involvement in the alleged offen
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
Anticipatory bail should be denied when the accused has a history of similar offenses, as it poses a risk of tampering with evidence and undermines the investigation.
Anticipatory bail is not an absolute right, especially in economic offences, where the court must balance personal liberty against the need for effective investigation.
Anticipatory bail should not be granted in serious economic offences where there is a risk of evidence tampering and ongoing investigations.
Anticipatory bail can be denied if the gravity of the offence and need for custodial interrogation outweigh individual rights, emphasizing the balance between personal liberty and public interest.
Point of Law : Grant of Bail - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information an....
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