TITLE Prajapati Tejas Bharatbhai Versus State of Gujarat
Decided On September 1, 2023
August 29, 2023
CORAM: Hon’ble Justice Mr. Hasmukh
INTRODUCTION- The applicant accused has requested release on anticipatory bail in the event of his arrest in connection with the FIR for offences punishable under Sections 418, 419, 420, 34, and 120(B) of the Penal Code, 1860, as well as Sections 66 and 66D of the I.T. Act through the present application under Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The applicant claims that he was wrongly accused of the crime based on the co-accused’s statement and has nothing to do with the offence. Additionally, it is claimed that the incident occurred on December 9, 2020, but the FIR was filed on May 19, 2023. A knowledgeable attorney for the applicant claims that given the nature of the allegations, a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice.
COURT ANALYSIS AND DECISION
The State has objected to the grant of anticipatory bail due to the nature and seriousness of the offence, according to Learned Additional Public Prosecutor who is testifying on behalf of the respondent.
The applicant is ready and willing to abide by all conditions, including the imposition of conditions with regard to the powers of the Investigating Agency to file an application before the appropriate Court for his remand, according to the applicant’s learned advocate, who is acting on instructions. He would also argue that the applicant accused may continue to have the option to contest the Investigating Agency’s application on the basis of merits after it has been filed.
It is equally necessary for the Court to exercise its discretion judiciously, cautiously, and strictly in accordance with the fundamental principles outlined in a wealth of decisions by the Hon’ble Apex Court on the subject after hearing the learned advocate for the parties and reading the investigation papers. It is well established that among other circumstances, the considerations for a bail application to include.
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Written by- Steffi Desousa
