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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Soyeb Ibrahimbhai Chanda – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat and learned advocate Mr. Vatsal D. Ruparel waives service of notice of Rule for and on behalf of respondent No.2.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11203038240442 of 2024 registered with Mangrole Police Station, District Junagadh for the offences punishable under Sections 376(3), 376(2)(N), 323, 506(2) and 114 of the Indian Penal Code, 1860 and sections 5(l), 8 and 12 of the Protection of Children from Sexual Offences Act (for short “POCSO Act”).
3. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and has been arraigned only because the applicant happens to be the uncle of accused No.1 and the allegation of rape and under the POCSO Act are against accused No.1. Further, the FIR is filed belatedly after a delay of six months as a counter blast to the complaint filed by the applicant’s side against th
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 should not be granted in serious offences involving prima facie evidence of involvement, as it may hinder the investigation and compromise justice.
Anticipatory bail denied as the serious nature of allegations necessitates custodial interrogation, regardless of the delay in lodging the FIR.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
Anticipatory bail granted where the applicant is not named in the FIR, lacks prior convictions, and no need for custodial interrogation is established.
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 can be granted when there are no past criminal antecedents, no necessity for custodial interrogation, and the nature of the accusation does not warrant severe punishment.
The seriousness of the alleged offences and the need for thorough investigation are crucial factors in deciding on anticipatory bail applications.
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