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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Budha Ram Vishnoi – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
[2.0] By way of present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being CR No.11821025230036 of 2023 registered with Katwara Police Station, District Dahod for the offence under Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Prohibition Act and sections 465 and 471 of the Indian Penal Code, 1860 (for short “IPC”).
[3.0] Learned advocate for the applicant submits that the applicant has been falsely roped in the offence and nothing is recovered from the present applicant accused. The applicant is not named in the FIR and he has been implicated only on the basis of the statement of co- accused. Further, the applicant is not having any past antecedent. He further submitted that the applicant has not forged any document and/or builty and therefore, nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the
Anticipatory bail denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.
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 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 if the applicant is not named in the FIR, has no past criminal record, and custodial interrogation is not necessary.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Successive anticipatory bail applications require a demonstrable change in circumstances; otherwise, they may be dismissed to prevent abuse of the legal process.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
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