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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 :
M. R. MENGDEY, J.
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.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
3. 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.
4. Per contra, learned APP has opposed the present a
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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