HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Aatmaram Ramkuvar Kharol – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
(1) By way of the present successive application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11195019240790 of 2024 registered with Deesa Rural Police Station, Banaskantha, for the offences punishable under Sections 65(a), 65(e), 116B, 98(2) and 81 of the Gujarat Prohibition Act.
(2) Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Based on the statement of the co-accused, he has been arraigned as an accused; that muddamal recovered from the Eeco car belonged to accused No.1 and not of the applicant. Main accused is released on regular bail by JMFC, Deesa. Nothing is found from conscious possession of the applicant. 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.
(3) Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offen
Successive anticipatory bail applications without changed circumstances are deemed an abuse of process and should not be entertained.
Successive anticipatory bail applications require a demonstrable change in circumstances; otherwise, they may be dismissed to prevent abuse of the legal process.
Anticipatory bail can only be granted in exceptional circumstances, balancing individual rights against societal interests, especially in serious offenses.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
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 granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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