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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
RAVI @ KANCHO KANUBHAI THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. application for bail filed (Para 2 , 6) |
| 2. arguments for and against bail (Para 3 , 4) |
| 3. court's consideration of facts (Para 5) |
| 4. court's reasoning for bail (Para 7 , 8 , 9 , 10) |
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 439 of the Criminal Procedure Code, 1973 for regular bail in connection with F.I.R. No.11191037210889 of 2021 registered with Odhav Police Station, District Ahmedabad.
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 after being enlarged on bail, the applicant did not remain present before the concerned trial Court. Therefore, non-bailable warrant came to be issued against the present applicant. On the basis of said warrant, the applicant was apprehended. If the applicant is enlarged on bail, he may not be available for the purpose of trial. Learned APP has, therefore, submitted that the offences which h
The court may grant bail under Section 439 considering the nature of the offence, previous absences, and ensuring the accused's presence at trial.
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 established that bail may be granted based on the nature of allegations, custody duration, and precedents, emphasizing judicial discretion in such matters.
The court granted bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, emphasizing the need for conditions to prevent tampering with evidence and ensure the applicant's presence during t....
The court granted bail based on the completion of investigation and the applicant's custody status, emphasizing the need for conditions to prevent tampering with evidence.
The court established the criteria for bail consideration under Section 483, emphasizing the need for lawful conduct and compliance with trial procedures.
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 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 granted bail considering the amicable settlement between parties and the prosecutrix's consent, despite her age, while imposing strict conditions to ensure compliance and prevent tampering.
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