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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
JAYESHBHAI @ JAVO @ SWAVAN BAVANJIBHAI SOLANKI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant accused of assault (Para 1 , 2) |
| 2. applicant's good reputation (Para 3) |
| 3. opposition to bail application (Para 4) |
| 4. investigation and charge sheet (Para 5) |
| 5. factors for bail consideration (Para 6) |
| 6. bail bond execution (Para 7) |
| 7. breach of conditions (Para 8 , 10) |
| 8. trial court's independence (Para 9) |
ORDER :
1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11203023240569 of 2024 registered with 'A' Division Police Station, Junagadh.
Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant had brutally assaulted the victim with an iron pipe because of which the victim had sustained severe injuries. There are nine other antecedents registered against the present Applicant and out of the said nine antecedents, one antecedent is under the provisions of Gujarat Control Of Terrorism And Oranised Crime Act. Learned APP has therefore submitted that looking to the nature of of
The court granted bail considering the nature of allegations, the applicant's custody duration, and the absence of flight risk, imposing strict conditions for release.
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 absence of direct evidence linking the Applicant to the crime, alongside consideration of bail factors, justified the granting of bail.
The court granted bail based on the Applicant's circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
The court granted bail based on the Applicant's role in abetting the offence, emphasizing the need for conditions to prevent interference with the investigation.
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 applicant's compliance with conditions and the nature of allegations, highlighting the need for a balanced approach in bail considerations.
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.
The court emphasized the balance between the severity of the offence and the rights of the accused, allowing bail based on the Applicant's reputation and the victims' stable condition.
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