HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Sanjiv @ Chanchal Surendrabahadur Sinh Rajput – 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 Bhestan Police Station, Surat being C.R No.11210070241247 of 2024 for the offences punishable under Sections 54, 61, 109(2), 115(1) and 351(2) of the BNS read with Section 135 of the GP Act.
3. Learned advocate for the applicant has submitted that the present applicant has nothing to do with the offence. It is contended that all allegations are primarily directed against accused No.2, Akhilesh Bharti. Furthermore, the advocate has submitted that the injured has already been discharged from the hospital, indicating that the severity of the incident may not be as grave as alleged. The learned advocate further submits that the applicant is the sole breadwinner of his family and has the responsibility of maintaining them. Additionally, it is pointed ou
Anticipatory bail is an extraordinary remedy, granted sparingly, and only when exceptional circumstances exist; custodial interrogation is essential for effective 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 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 may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
The court denied anticipatory bail due to the serious nature of the charges, the applicant's extensive criminal history, and the risk of influencing witnesses.
Anticipatory bail may be granted when the applicant is not named in the FIR, shows willingness to cooperate with the investigation, and poses no flight risk.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
The court emphasized the need for custodial interrogation in economic offences and the delicate balance between personal liberty and societal interest, citing legal provisions and precedents to suppo....
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