HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SHITALBEN SANJAYGAR GOSWAMI – Appellant
Versus
STATE OF GUJARAT – Respondent
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
The court emphasized that substantial evidence is required for accusations of instigation under Section 108, allowing anticipatory bail based on lack of evidence.
Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.
Anticipatory bail granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
Anticipatory bail should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.
Anticipatory bail may be granted when there is insufficient evidence to support accusations of instigation or harassment, and the applicant shows willingness to cooperate with the investigation.
Anticipatory bail may be granted when the applicant is not named in the FIR, shows willingness to cooperate with the investigation, and poses no flight risk.
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.
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