HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
KISHANLAL S/O. CHUNARAM CHELARAM DARJI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
M. R. MENGDEY, J.
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11195019241130 of 2024 registered with Deesa Rural Police Station, District Banaskantha.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the applicant had the knowledge of the fact that the other co-accused had concealed contraband substance opium worth 519 gms in the stepney of the car and despite the said knowledge, the applicant had handed over the said car to the other co-accused for transportation of contraband substance. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.
5. Heard learned advocates appearing for the parties an
The court ruled that bail is warranted based on the applicant's lack of prior offences and the completion of the investigation, while imposing strict conditions to ensure compliance.
The court may grant bail under Section 483 considering the nature of the offence, the applicant's antecedents, and the need to prevent tampering with evidence.
The court may grant bail considering the nature of the offence, completion of investigation, and risk of flight, imposing necessary conditions to ensure compliance.
The court may grant bail if the evidence does not establish a prima facie case against the applicant, despite serious charges.
A court may grant bail if evidence against the applicant is insufficient, considering factors like prima facie case and risk of tampering with witnesses.
The court established that bail may be granted based on the nature of allegations, custody duration, and precedents, emphasizing judicial discretion in such matters.
The court established that bail may be granted considering the nature of the offence, prior custody duration, and the necessity of conditions to prevent tampering with evidence.
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.
The court established the criteria for bail consideration under Section 483, emphasizing the need for lawful conduct and compliance with trial procedures.
Bail can be granted considering the nature of the offence, provided conditions are imposed to ensure presence and compliance during the trial.
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