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2024 Supreme(Online)(GUJ) 27654

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
NARENDRASINH VIRAJI BARAD (RAJPUT) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR HRIDAY BUCH WITH MR TANMAY B KARIA(6833) for the Applicant(s) No. 1, MR SOHAM JOSHI, APP for the Respondent(s) No. 1

Table of Content
1. petitioner lent money (Para 1)
2. petitioner denies instigation (Para 2)
3. opposition to bail application (Para 3)
4. details of the loan (Para 4)
5. reference to previous case (Para 5 , 8)
6. instigation not established (Para 6)
7. judicial discretion in bail (Para 7)
8. bail granted with conditions (Para 9 , 10)

ORAL ORDER

1. By way of the present petition under Section 438 of the Code of Criminal Procedure , 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11195055240042 of 2024 registered with Vadgam Police Station, Banaskantha.

2. Learned advocate for the petitioner submits that the petitioner has not played any role in instigating the victim to commit suicide. It is submitted that even if FIR is taken as genuine and correct on its face, it does not constitute offence under section 107 of IPC which is essential for putting charge of section 306 of IPC against the accused. According to FIR, victim has taken loan of Rs.1 lakh from the petitioner and the petitioner insisted for getting the loan amount, that are the allegations levelled against the petitioner. Apart from it, no oth

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