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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR
Maheshkumar Subhashchandra Agrawal – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Learned APP waives service of Rule for and on behalf of the respondent-State.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) / under Section 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at Nizar Police Station, Tapi, being C.R No.11824007240916 of 2024 for the offences punishable under Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Gujarat Prohibition Act.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the offence. Applicant is having no past antecedents and he arraigned as an accused on the basis of apprehension. The offence is registered on his name and prior to two months of alleged incident, he has sold out the vehicle and he has relied on one agreement, which is produced at Annexure-C, wherein, it is mentioned that present applicant has sold out the vehicle to one Shyambhai Vasava. He has nothing to do with the offence and no specific allegations are levelled against the pre
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 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 can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
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.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
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