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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ASAL AMRAT VAKTABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
When the matter is taken up for hearing, learned advocate for the respondent No.2 remained absent.
RULE. Learned APP waives service of rule for the respondent-State.
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 /under Section 482 of the 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.11216008250014 /2025 registered with Gandhinagar Sector-7 Police Station, Gandhinagar for the offences punishable under Section 69 of BNS.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. Learned advocate for the applicant has submitted that the alleged incident took place from March-2023 to August-2024 and from September, 2024 to December, 2024, but the complaint was filed belatedly and no explanation is given for the delay. Victim is major and the applicant is serving in SRPF, on the fateful day, he was not present at the spot and he has not committed any offence. It is alleged that present applicant is friendship relationship with her since long and this is the
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 is granted based on the applicant's cooperation and lack of necessity for recovery, emphasizing the need for judicious discretion in bail applications.
The court granted anticipatory bail based on the applicant's lack of involvement in the alleged offence and her readiness to cooperate with the investigation.
The court granted anticipatory bail, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.
Anticipatory bail can be granted when the applicant is not named in the FIR, has no prior criminal record, and is willing to cooperate with the investigation.
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 can be granted when there are no direct allegations against the applicant and they show willingness to cooperate with the investigation.
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 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 due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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