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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PATHAN MOHAMADYAKUB @ LAMBU ISMILEKHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. application for bail filed (Para 2) |
| 2. arguments for and against bail (Para 3 , 4 , 7) |
| 3. considerations for granting bail (Para 5) |
| 4. court's reasoning for bail (Para 6) |
| 5. bail granted with conditions (Para 8) |
| 6. conditions for bail (Para 9 , 10 , 11 , 12) |
ORDER :
2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11206020240793 of 2024 registered with Kadi Police Station, District Mahesana for the offences under Sections 8(C), 22(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that applicant is caught red handed with conscious possession of contraband and merely charge-sheet is filed is not a ground to grant regular bail to the present applicant. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation i
The court emphasized that bail is a rule and jail is an exception, particularly when the accused is not charged with a serious offence and has been in custody for an extended period.
The court emphasized that bail is the rule and jail is the exception, particularly when the accused has no prior criminal record and the charges do not warrant stringent bail conditions.
Bail is a rule and jail is an exception, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
Prolonged incarceration and incomplete trial justify granting bail under the Narcotic Drugs Act, subject to conditions.
The court granted bail based on the completion of investigation and the applicant's lack of prior criminal history, emphasizing the need for conditions to ensure compliance.
The court granted bail under BNSS Section 483, emphasizing the need to consider the prima facie case, custody duration, and potential flight risk, while imposing strict conditions to ensure complianc....
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