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DIVYESH A. JOSHI
Dipak Rohit Pradhan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.I-11210012231364 of 2023 registered with the Chawk Bazar Police Station, Surat of the offence punishable under Sections 302, 324, 323, 504, 114 of IPC and Section 135 of the G.P. Act.
3. The case of the prosecution, in brief, is that the present complaint has been filed by the brother of the deceased stating that on 22.10.2023, the brother of the complainant, i.e., the deceased, namely, Jaydev left the house at around 9:00 p.m. and went to Vishramnagar for playing Garba.
3.1 Thereafter, on 23.10.2023, when the complainant and the other family members were sleeping, at that time, at around 1:30 a.m., the friends of Jaydev, namely, Sanjay Mohanbhai Baraiya and Yuvraj Bhoyee came to the house of the complainant and woken them up and told them that in the yesterday afternoon, as some unknown person clicked the photo of one Shitalben in the Vishramnagar area, the brother of the complainant Jaydev, Pawan and Haresh
The court emphasized the need for a judicious exercise of discretion in granting bail, considering the nature of accusations, the evidence, and the larger interests of the public or State.
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering the seriousness of the offence, the nature of the evidence, and the p....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
Bail – Court deciding bail application cannot completely divorce its decision from material aspects of case such as allegations made against accused and severity of punishment if allegations are prov....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
The court upheld the trial court's rejection of bail, emphasizing the seriousness of the charges and the sufficiency of evidence against the applicant.
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