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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
P.M.RAVAL
Bharatbhai @ Dhamo Jitaji Gehlot – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
P.M. Raval, J.
1. Learned Advocate Mr. Ambrish V. Jani, upon instructions, states that he has instructions to appear on behalf of Respondent No. 2 herein – the original complainant, and that he shall file his Vakalatnama before the Registry. The Registry is directed to accept his Vakalatnama.
2. Heard learned Advocate Mr. Maulik M. Soni for the applicant. The petitioner before this Court has filed the present application under Section 482 of the BNS S , 2023, seeking anticipatory bail in anticipation of his arrest, pursuant to the FIR being C.R. No. 11195019260104 of 2026 lodged before Deesa Rural Police Station, District Banaskantha, for the offences punishable under Sections 64 (2)(m), 351(3), 74, and 75(2) of the , as well as under Sections 4 , 6, and 8 of the POCSO Act.
3. The facts of the prosecution, in nutshell, as stated in the FIR, are to the effect that when the prosecutrix was residing at Village Ajapur, Kant, the present applicant, who used to reside behind her residence and belonged to the same community, used to visit their house frequently. Thus, she knew the applicant–accused since childhood.
4. It is further contended that approximately eight years prior to t
Anticipatory bail denied as the serious nature of allegations necessitates custodial interrogation, regardless of the delay in lodging the FIR.
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 denied anticipatory bail based on the nature of the accusations, the explanation for the delay in lodging the FIR, and the applicant's lack of cooperation with the investigation.
Grant of anticipatory bail based on the factual matrix, conduct of the parties, and lack of threat perception from the prosecutrix.
Anticipatory bail granted – Rape - Court should be loath to reject grant of anticipatory bail in as much unless and until there is an imminent and a great imperative to have a custodial interrogation....
The court emphasized the importance of considering the totality of circumstances and personal liberty before granting anticipatory bail.
The granting of anticipatory bail should consider cooperation in the investigation and not solely the severity of allegations, emphasizing personal liberty rights.
Anticipatory bail should not be denied unless there is imminent need for custodial interrogation, and delays in lodging FIR do not automatically negate the prosecution's case.
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