HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Sujalbhai S/o Pratapbhai Dasabhai Maru – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
1.1 By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of her arrest in connection with the FIR being C.R. No. 11203025230799/2023 registered with Junagadh Taluka Police Station, Junagadh for the offences punishable under Sections 323, 307 and 114 of the IPC.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. Learned advocate for the applicant has submitted that present applicant is a college going student. During his study, he was residing in hostel and he came into contact with deceased. After sometime, the engagement of the applicant was fixed with another lady. The allegations against the present applicant is that he has blackmailed the deceased. It is submitted that there is no instigation and incitement on the part of the present applicant. There is a delay in lodgment of FIR. Applicant is ready and willing to join the investigation and therefore, custodial interrogation at this stage is not
Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.
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.
The court emphasized that substantial evidence is required for accusations of instigation under Section 108, allowing anticipatory bail based on lack of evidence.
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.
Anticipatory bail should be granted cautiously, focusing on the nature of accusations and the applicant's cooperation with the investigation.
Anticipatory bail granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.
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.
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 allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
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.
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