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2025 Supreme(GUJ) 872

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SHITALBEN SANJAYGAR GOSWAMI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR ABHAYKUMAR P SHAH(3093) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

2. 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 her on anticipatory bail in the event of her arrest in connection with the FIR being C.R. No.11205031250039/2025 registered with Mandvi Police Station : Kachchh, for the offences punishable under Sections 108, 85 and 54 of the BNS.

3. Learned Advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. There is no suicide note, mens rea, or any iota of evidence suggesting instigation or incitement on her part. The allegations against her pertain to instigation and incitement, claiming that she abetted the offence. However, there is no substantive evidence to support these claims. Now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be gran

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