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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
BHARAT KHODABHAI GADHAVI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. application for bail filed (Para 2 , 3) |
| 2. applicant's good reputation (Para 4) |
| 3. opposition by learned app (Para 5) |
| 4. investigation status (Para 6) |
| 5. factors for bail consideration (Para 7) |
| 6. bail granted with conditions (Para 8 , 9) |
| 7. breach of conditions (Para 10) |
| 8. trial court's independence (Para 11) |
| 9. rule made absolute (Para 12) |
ORDER :
M. R. MENGDEY, J.
1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.
2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11211014240421 of 2024 registered with Dasada Police Station. Surendranagar.
3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
5. Per contra, learned APP has vehem
The court granted bail based on the Applicant's reputation and the completion of the investigation, imposing conditions to prevent tampering and ensure compliance.
The court granted bail based on the Applicants' good reputation and compliance willingness, despite serious charges, emphasizing the need for careful consideration of bail conditions.
The court granted bail despite the applicant's criminal history, emphasizing the need for careful consideration of the nature of allegations and the applicant's compliance with conditions.
The court granted bail under BNSS Section 483, emphasizing the need to consider the prima facie case, custody duration, and potential flight risk, while imposing strict conditions to ensure complianc....
The court emphasized that insufficient evidence of direct involvement and the applicant's good reputation justified granting bail under Section 483 of the BNSS.
The court granted bail considering the applicant's lack of prior criminal record and the completion of the investigation, emphasizing the importance of maintaining law and order during bail condition....
The court granted bail based on insufficient evidence against the Applicant and the absence of prior criminal history, emphasizing the need for conditions to ensure compliance.
The court established that bail may be granted based on the assessment of prima facie case, custody duration, and risk of tampering with evidence, with conditions imposed to ensure compliance.
The court granted bail considering the applicant's reputation, gravity of allegations, and ensuring compliance with conditions while addressing risks related to flight and witness tampering.
The court granted bail under BNSS Section 483, emphasizing the need for strict conditions due to the Applicant's criminal history and the nature of allegations.
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