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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Kamleshbhai Jinabhai Kalsariya – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. allegations against the applicant (Para 1 , 2) |
| 2. opposition to anticipatory bail (Para 3) |
| 3. factors for bail consideration (Para 4) |
| 4. threshold for instigation (Para 5 , 6) |
| 5. grant of anticipatory bail (Para 7 , 8 , 9) |
ORDER :
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed to release on anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11198035241020 of 2024 registered with Mahuva Police Station, Bhavnagar, for the offences punishable under Sections 306 and 114 of IPC.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent – State as well as learned advocate for the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence. They have submitted that the present applicant has received the amount of Rs.7,50,000/- towards loan from the deceased and for that, the deceased has made a note, which was sent for FSL and the FSL report proved the hand-writing of the deceased. In the said note, the name of the present applicant is clearly spelt out and also, mentioned that the appl
The court established that mere financial transactions do not constitute instigation under Section 306 IPC, emphasizing the need for a higher threshold for such accusations.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail granted based on applicant's cooperation and the non-serious nature of allegations, emphasizing judicial discretion in bail considerations.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail is not an absolute right, especially in economic offences, where the court must balance personal liberty against the need for effective investigation.
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
Anticipatory bail may be granted when there is insufficient evidence to support accusations of instigation or harassment, and the applicant shows willingness to cooperate with the investigation.
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