Gujarat High Court: The Bench of A.Y. Kogje, J., allowed the application for bail sought under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered for the offence punishable under Sections 395, 397 and 452 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.
Additional Public Prosecutor appearing for the respondent-State opposed grant of regular bail looking to the nature and gravity of the offence.
The Court considered that there was no recovery or discovery from the applicant regarding the offence. No identification was carried out. Further, there was no evidence connecting the applicant with the offence. Basically, the opposite party was unable to bring on record any special circumstances against the applicant. The court while allowing the application held that the nature of the allegations made against the applicant in the First Information Report were bald and thus it was a fit case to exercise the discretion and enlarge the applicant on regular bail. [Anil Bhawan Vaskeliya v. State of Gujarat, 2019 SCC OnLine Guj 38, decided on 11-01-2019]
