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NIRAL R. MEHTA
KAUSHIKBHAI RAMSWAROOP SONI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
NIRAL R. MEHTA, J.
1. Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Himanshu Patel waives service of notice of Rule on behalf of respondent-State.
2. By way of this third successive bail application under Section 439 of the Code of Criminal Procedure, 1973, the applicant has approached this Court for releasing him on bail in connection with FIR bearing CR No. 11195050210611 of 2021 lodged before the Tharad Police Station for the offences punishable under Sections 302, 364, 384, 342, 34 and 120B of the Indian Penal Code.
3. Earlier, the applicant had approached this Court by way of Criminal Misc. Application No. 430 of 2022 which was heard in detail and since the Court was not inclined to grant regular bail to the applicant, the permission was sought to withdraw the said application and accordingly, said application was disposed of as withdrawn on 17.2.2022, however, with a liberty to the applicant to approach the concerned Sessions Court if in the event the trial does not commence within a period of 8 months.
4. Thereafter, again, the applicant had approached this Court by way of second successive bail application being Criminal Misc. Application No. 111
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....
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 emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The court established that a prima facie case and the accused's conduct are critical in bail considerations, especially in serious offenses like murder.
Delay in trial cannot be used as a ground for bail.
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
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