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DIVYESH A. JOSHI
Umarfarooq Abdulgani Badam – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Divyesh A. Joshi, J.)
1. Rule returnable forthwith. Learned advocate Mr. Aftabhusen Ansari waives service of notice of rule for and on behalf of the original complainant and 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.11207002210450 of 2021 registered with the Godhra Town ‘B’ Division Police Station, Panchmahals of the offence punishable under Sections 143,147,148, 149, 307, 326, 337, 506(2) and 323 of the Indian Penal Code, 1860 and Section 135(1) of the Gujarat Police Act.
3. Facts in brief leading to the filing of the present application are that one Firdos Yusuf filed the impugned FIR against, in all, total six accused persons, including the present applicant-accused, who is shown as accused No.3 in the FIR. According to the complaint, on 15.05.2021, as the wife of the complainant, namely, Mumtaz was at the house of his kinswoman, namely, Amenabibi Ismail Bokda, residing at Mohammedi Maholla, Godhra, the complainant went to take her back on his Pulsar Moto
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.
Court emphasized that bail applications must be evaluated on the basis of the accused's specific role and the seriousness of the charges, not merely on parity with co-accused.
The court upheld the trial court's rejection of bail, emphasizing the seriousness of the charges and the sufficiency of evidence against the applicant.
Point of Law : Grant of Bail looking at the nature of allegations made against the applicant in the FIR.
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....
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....
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
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