HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SWAMI DARSHANPRIYADASHJI HARIPRASADDASHJI DEVPRAKASH SWAMI @ DEVPRIYA SWAMI – 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 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 C.R. No.11208052240499 of 2024 registered with Bhaktinagar Police Station, Rajkot for the offences punishable under Section 406, 409, 420, 467, 468, 471, 474, 120(b) of the Indian Penal Code, 1860 (for short “ IPC ”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 3 of GPID Act, 2003.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is a saint in the Swaminarayan sect and, with the intention of building a temple, the applicant, along with co-accused, is alleged to have contacted the complainant for the purchase of 510 vighas of land. In this regard, an agreement to sell was executed, and accused Nos. 7 and 8 acted as agents of the present applicant, fixing the consideration at Rs. 3,04,50,000/-. However, the said amount was not pa
Anticipatory bail granted based on lack of direct involvement in the alleged crime and settlement between parties, emphasizing judicial discretion.
Anticipatory bail granted based on lack of direct involvement in the alleged crime and settlement between parties, emphasizing cautious judicial discretion.
Anticipatory bail can be granted when the accused is not directly involved in the alleged offence and when the complaint is belated.
Anticipatory bail granted based on lack of direct involvement in accusations, belated complaint, and reliance on documentary evidence.
Judicial discretion in granting anticipatory bail must consider the gravity of accusations and the applicant's past conduct, ensuring justice while avoiding prejudice.
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.
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, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.
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.
The court emphasized the careful consideration of bail applications, balancing the seriousness of charges against the applicant's cooperation with the investigation.
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