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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR
Vipulkumar Vinubhai Kesariya – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. applicant accused of theft (Para 2) |
| 2. applicant's defense against allegations (Para 3) |
| 3. opposition to bail application (Para 4 , 5) |
| 4. consideration of bail principles (Para 6) |
| 5. evidence against the applicant (Para 7 , 8) |
| 6. need for custodial interrogation (Para 9 , 10 , 11 , 12) |
ORDER :
[2.0] 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. C.R. No.11215001240664 of 2024 registered with Anand Rural Police Station, District Anand for the offence punishable under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
[4.0] The learned APP appearing for the respondent-State has opposed the application on the ground that the applicant is working as Peon in the Bank of Baroda, Chikhodra Branch. The locker holder – complainant had given an application qua missing of his ornaments and cash from his locker and said fact was reported to the police pursuant to which police conducted the preliminary investigation and during the said investigation, statement of applicant cam
Anticipatory bail should not be granted in serious economic offences where there is a risk of evidence tampering and ongoing investigations.
Anticipatory bail is not an absolute right, especially in economic offences, where the court must balance personal liberty against the need for effective investigation.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
The judgment emphasized the seriousness of economic offences, the need for custodial interrogation, and the balance between individual rights and public interest in granting anticipatory bail.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
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