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DIVYESH A. JOSHI
Hiteshbhai Arvindbhai Baria – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present successive application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11823026230518 of 2023 registered with the Amletha Police Station, Narmada of the offence punishable under Sections 302, 201 & 120B of the IPC.
3. The facts in brief leading to the filing of the present application are that the complainant, namely, Kiritbhai Ratilal Jadav (Bhoi), i.e, the father of the deceased, lodged the present FIR, inter alia, alleging therein that the accused named in the FIR, namely, Ashwinbhai Bariya was having illicit relationship with one Urvashiben, residing next to the house of the complainant and, therefore, he used to frequently visit the house of Urvashiben. The son of the complainant, namely, Danteshwar @ Dnatu once scolded Ashwinbhai Bariya when he was sitting outside the house of Urvashiben that why you are sitting here, keeping grudge of which, the accused No.1- Ashwinbhai Rameshbhai Bariya, in collusion with the accused Nos.2 and 3 in
The court upheld the trial court's rejection of bail, emphasizing the seriousness of the charges and the sufficiency of evidence against the applicant.
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....
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
Offence of Murder - Bail application dismissed - Once an application for bail is rejected by a speaking order, change in circumstance pleaded to maintain a subsequent application shall not be speciou....
The court denied bail due to the applicant's serious conduct and multiple offences, emphasizing that the principle of parity does not apply uniformly in bail applications.
The main legal point established in the judgment is that the seriousness of the offence, the nature of the evidence, and the likelihood of the accused interfering with the process of justice are cruc....
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