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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Ashok @ Dhandhan Rajaram Modiya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Learned advocates waive service of notice for the respective respondents.
2. 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 I-C.R.No.11191035241781 of 2024 registered with Naroda Police Station, Ahmedabad for the punishable under Sections 65-(A)(e), 116-B, 98(2) 81 of the Prohibition Act.
3. The brief facts of the case are that on 21/12/2024, the Investigating Officer (I.O.) received secret information that the accused persons were transporting illegal liquor in an Ertiga car bearing registration number GJ-05-JH-3189 without a valid pass or permit. It was alleged that the liquor was ordered by the applicant. Acting on this information, the I.O., along with panch witnesses and a raiding team, reached the location and kept a watch for the suspected vehicle being driven by the accused. As soon as the car arrived, the I.O. attempted to stop it, but the driver refused to comply. Consequently, the I.O. and the raiding party had to use force to stop the vehicle. Upon searching the car, the ra
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 only be granted in exceptional circumstances, balancing individual rights against societal interests, especially in serious offenses.
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 denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.
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 be granted sparingly, especially in cases of economic offences, and the delicate balance between personal liberty and societal interest must be maintained.
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