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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
Bheravsinh Mansinh Rajput – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
2. By way of present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being CR No.11207024250183 of 2025 registered with Godhra Taluka Police Station, Panchmahal for the offence under Sections 65(a) , 65(e), 81, 83 and 98(2) of the Prohibition Act and Section 336 (2), 336(3) and 340 (2) of the BNS.
3. Learned advocate for the applicant submits that the applicant has been falsely roped in the offence and nothing is recovered from the present applicant accused. The applicant has been implicated only on the basis of the statement of co-accused. Further, the applicant is not aware about the incident. 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 granted anticipatory bail.
4. Per contra, the learned APP appearing on behalf of the State has vehemently opposed the grant of ba
Anticipatory bail can only be granted in exceptional circumstances, balancing individual rights against societal interests, especially in serious offenses.
Anticipatory bail denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.
Anticipatory bail should be denied when the accused has a history of similar offenses, as it poses a risk of tampering with evidence and undermines the investigation.
Anticipatory bail can be denied if the gravity of the offence and need for custodial interrogation outweigh individual rights, emphasizing the balance between personal liberty and public interest.
Anticipatory bail may be granted if the applicant is not named in the FIR, has no past criminal record, and custodial interrogation is not necessary.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
Successive anticipatory bail applications require a demonstrable change in circumstances; otherwise, they may be dismissed to prevent abuse of the legal process.
Successive anticipatory bail applications without changed circumstances are deemed an abuse of process and should not be entertained.
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