HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
GANESH BAMBAHADUR NEPALI – 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.11203068240627 of 2024 registered with Vanthali Police Station, District Junagadh.
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 is resident of Nepal. The applicant was already married at the time of incident and despite that, he had established physical relations with the prosecutrix who was minor at the relevant time. 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. Though served, none appeared on behalf of the respondent no.2.
6. Heard learned advocates appearing for the parties and perused the material av
The court granted bail based on the prosecutrix's consent and lack of evidence suggesting flight risk or witness tampering.
The court granted bail considering the nature of allegations, the applicant's relationship with the victim, and the absence of flight risk, emphasizing the need for conditions to ensure compliance.
The court granted bail based on the applicant's circumstances, emphasizing the need for discretion while imposing conditions to prevent interference with the trial.
The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.
The court granted bail based on the applicant's limited involvement in the offence and the completion of the investigation, emphasizing the need for strict conditions to prevent interference with the....
The court granted bail based on the applicant's stable condition of the victim and the completion of the investigation, emphasizing the need for conditions to prevent tampering and ensure trial atten....
The court granted bail based on the applicant's custody duration and the nature of allegations, emphasizing the need for conditions to prevent interference with the investigation.
The court granted bail based on the applicant's custody status and the nature of allegations, emphasizing the need for conditions to ensure trial integrity.
The court granted bail based on the applicant's custody duration and lack of flight risk, emphasizing the need for conditions to prevent tampering with evidence.
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.
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