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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
AKASHBHAI @ BALAD MANSUKHBHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. arrest in contraband case (Para 2 , 3) |
| 2. defense arguments for bail (Para 4) |
| 3. prosecution opposition (Para 5 , 6) |
| 4. consideration of factors (Para 7) |
| 5. court's reasoning for bail (Para 8) |
| 6. bail bond execution (Para 9) |
| 7. breach of conditions (Para 10) |
| 8. trial court's independence (Para 11 , 12) |
ORDER :
M. R. MENGDEY, J.
1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.
2. The Applicants have filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the Applicants on Regular Bail in connection with FIR being C.R. No.11198001240588 of 2024 registered with Nilambaug Police Station. Bhavnagar.
3. Heard learned Advocate for the Applicants and learned APP for the Respondent – State.
4. Learned Advocate for the Applicants submitted that the Applicants have good reputation in the society and no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that the applicants are 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 vehemently opposed the present applicatio
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 based on the Applicant's reputation and the completion of the investigation, imposing conditions to prevent tampering and ensure compliance.
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 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 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 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 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 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 reputation, gravity of allegations, and ensuring compliance with conditions while addressing risks related to flight and witness tampering.
The court granted bail considering the Applicant's lack of prior criminal record and the nature of the allegations, emphasizing the importance of specific conditions to ensure compliance during trial....
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