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 :
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
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.
5. Heard learned advocates appearing for the parties and perused the material available on record. From the record it appears that the investigation is over and Charge-sheet has already been filed. From the record it appears that earlier, the applicant was enlarged on bail by this Court. Thereafter, the applicant did not remain present before the concerned Court on two occassions. Therefore, non-bailable warrant came to be issued against the present applicant. Having regard to these facts, the present application deserves to be allowed.
(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availa
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.
The court emphasized the need for discretion in granting bail, considering the applicant's compliance with conditions and the nature of the allegations.
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