HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
NAWAZSHARIF YASINMIYA THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
M. R. MENGDEY, J.
1. RULE. Learned APP waives service of rule for the respondent- State.
2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.No. 11215040250040 of 2025 registered with Bhalej Police Station, Anand.
3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP has opposed the present application, inter alia, contending that the investigation of the offence is still in progress. The applicant was actively involved in commission of the offence in question. He, therefore, submitted to dismiss the present application.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. As per the case of prosecution, an information was received by the police authorities that a cow and a calf had been slaughtered at some place and the police authorities had raided the premises on the basis of the said information, wherein the present applicant was found present. The beef worth 35 kg was also found
Discretionary bail may be granted based on the nature of allegations, even amidst ongoing investigations, provided suitable conditions are imposed.
The court emphasized the balance between individual liberty and public interest in bail applications, allowing bail based on the completion of investigation and the nature of allegations.
Bail is the rule and jail is the exception; pretrial detention should not equate to conviction, emphasizing personal liberty under Article 21.
The court granted bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, emphasizing the applicant's lack of prior criminal record and the nature of the allegations.
The court emphasized the discretion in granting bail based on the nature of the offence and the applicant's circumstances, without delving into detailed evidence.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when trial proceedings will take time.
The court may grant bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, considering the nature of the offence and ensuring conditions to prevent misuse of liberty.
The court granted bail based on the completion of investigation and the applicant's lack of prior criminal history, emphasizing the need for conditions to ensure compliance.
The court has discretion to grant bail under Section 483, considering the nature of allegations and ongoing investigation, while imposing conditions to prevent misuse of liberty.
The court granted bail based on the nature of the allegations and the applicant's limited role in the incident, emphasizing the need for conditions to prevent misuse of bail.
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