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Pramodkumar Singh @ Pramod Singh S/O ... vs State Of Gujarat on 20 August, 2025

5.4. Learned advocate for the petitioner relied upon a decision of this Court dated 27th June 2022 in Criminal Miscellaneous Application No. 19305 of 2020 in the case of Sanjay Kanakmal Agrawal v. State of Gujarat. By relying upon paragraphs 8 to 14 thereof, learned advocate for the petitioner submitted that since the ingredients of Section 107 IPC are not fulfilled, and considering the fact that the only material against the present applicant is that he had only called the deceased person twice through mobile phone or through a social media app.
Gujarat High Court Cites 14 - Cited by 0 - N S Desai - Full Document

Babubhai Bhikhabhai Solanki vs State Of Gujarat on 10 June, 2025

Learned advocate Mr. Majmudar has submitted that all those documents are quite Page 3 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined contrary to the allegations and accusations and story put-forth by the complainant, which clearly goes on to say that there was no clarity in the mind of the complainant at the time of registration of the FIR. He further submitted that for the sake of arguments, without admitted it, if allegations levelled against the applicant are to be read as it is, in its entirety, even though it can simply be said that essential basic ingredients to constitute the offences mentioned in the body of the FIR i.e. Section 108, 238(c) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5(1), 33(3), 40, 42 of the Gujarat Money Lenders Act could not have been found out. By no stretch of the imagination, it can be said that the applicant herein has aided and instigated the deceased to commit suicide. Considering the above-stated factual aspects, anticipatory bail application of the applicant is required to be entertained as there is no recovery and discovery is pending at the instance of the applicant and almost investigation is kept on. To support his submission, learned advocate Mr. Majmudar has placed reliance upon the judgment of this Court in the case of Sanjay Kanakamal Agrawal versus State of Gujarat passed in Criminal Misc. Application No. 10560 of 2020 and others on 16.07.2021. Learned advocate has submitted that as per the principle of law laid down by the Coordinate Bench of this Court, case of the applicant would squarely fall under those categories and the applicant deserves to be enlarged on anticipatory bail. Learned advocate for the applicant further submits that the nature of allegations are such for which custodial interrogation at this Page 4 of 10 Uploaded by AMAR SINGH(HC01081) on Tue Jun 10 2025 Downloaded on : Wed Jun 11 00:16:49 IST 2025 NEUTRAL CITATION R/CR.MA/9139/2025 ORDER DATED: 10/06/2025 undefined stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.
Gujarat High Court Cites 7 - Cited by 0 - Full Document
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