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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
MANJITSINGH NIHALSINGH TANK – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicants filed for bail (Para 2 , 3) |
| 2. applicants' good reputation (Para 4) |
| 3. opposition by learned app (Para 5) |
| 4. investigation is over (Para 6) |
| 5. consideration of factors (Para 7) |
| 6. application allowed (Para 8 , 9) |
| 7. breach of conditions (Para 10) |
| 8. trial court's discretion (Para 11) |
| 9. rule made absolute (Para 12) |
ORDER :
1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.
3. Heard learned Advocate for the applicants and learned APP for the Respondent –State.
5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the applicants had stolen the muddamal articles from the premises belonging to the first informant. Moreover, there are other antecedents against the present applicants for commission of similar nature of offences. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicants and the application may be dismissed.
7. This court has considered the following aspects:
(b) That the learned Advocate for the applicants has submitted that the applicants Accused are not likely to flee awa
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 emphasized that bail considerations include the nature of allegations, gravity of accusations, and the absence of a Test Identification Parade, leading to the granting of bail under specifi....
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 based on the Applicants' good reputation and compliance willingness, despite serious charges, emphasizing the need for careful consideration of bail conditions.
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 based on the Applicant's reputation and the completion of the investigation, imposing conditions to prevent tampering and ensure compliance.
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 the Applicant's circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
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 for strict conditions due to the Applicant's criminal history and the nature of allegations.
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