HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
RICHHU @ RISU @ JITU S/O NACHSINH SHUKLABHAI MAVDA (AMALIYAR) – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
M. R. MENGDEY, J.
1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.
2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. I-14 of 2008 registered with Kutyana Police Station. Porbandar.
3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is 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 application for grant of regular bail contending that the offence in question had taken place in the year 2008 whereas the applicant came to be arrested for the said offence in the month of December, 2024. Thus, the present applicant had absconded for all the while. The present applicant is the State of Madhya Pradesh. The present applicant i
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 emphasized that insufficient evidence of direct involvement and the applicant's good reputation justified granting bail under Section 483 of the BNSS.
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 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 reputation and the completion of the investigation, imposing conditions to prevent tampering and 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 circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
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 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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