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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
Dharam Swarupdas Swami @ Dharm Swarup Swami Guru Narayan Swarup Swami – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State.
2. 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 C.R. No.11213006240233 of 2024 registered with Bhayavadar Police Station, Rajkot Rural for the offences punishable under Sections 376(2)(N), 313 and 114 of the Indian Penal Code, 1860 (for short “ IPC ”).
3. Learned advocate for the applicant submitted that present applicant is innocent and he has renounced worldly pleasure and he is worshiping God and is looking after the affairs of Gurukul. The complaint is filed at the instance of victim wherein she has stated that as she become Nun of Swaminarayana Sect, she came alongwith her parents and willingly executed the affidavit and was left at the Gurukul. It is alleged that present applicant under the false pretext of marriage developed sexual relations with the victim by assuring the victim that the applicant and victim both have to reside as monk and nun and under such false pretext, the
Anticipatory bail should not be granted in serious offences involving prima facie evidence of involvement, as it may hinder the investigation and compromise justice.
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
Anticipatory bail should be denied when there is prima facie evidence of involvement in serious offenses, especially to prevent tampering with evidence and ensure a fair investigation.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
Anticipatory bail can be granted when the accused shows willingness to cooperate with the investigation and poses no flight risk, particularly in cases involving consensual relationships.
Anticipatory bail can be granted when there are no past criminal antecedents, no necessity for custodial interrogation, and the nature of the accusation does not warrant severe punishment.
Anticipatory bail is an extraordinary remedy, granted sparingly, and only when exceptional circumstances exist; custodial interrogation is essential for effective investigation.
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