HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
MUJJAFARALI @ MUJJU RUSTAMBHAI SHAIKH – 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.11191024230872 of 2023 registered with Ramol 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 the applicant was in constant touch with the other co-accused and call data records in that regard had also been recovered by the Investigating Officer during the course of investigation. The applicant is alleged to have supplied the stock of contraband substance mephedrone which has been recoveredf rom the conscious possession of the other co-accused. 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
A court may grant bail if evidence against the applicant is insufficient, considering factors like prima facie case and risk of tampering with witnesses.
The court may grant bail if the evidence does not establish a prima facie case against the applicant, despite serious charges.
The court granted bail based on insufficient evidence connecting the applicant to the offence, emphasizing the need for substantial proof in serious criminal cases.
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.
The court established that bail may be granted even in serious offences if conditions are imposed to ensure the accused's presence and prevent evidence tampering.
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 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 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 stable condition of the victim and the completion of the investigation, emphasizing the need for conditions to prevent tampering and ensure trial atten....
In the absence of substantial evidence linking the applicant to the alleged crime, bail may be granted, considering the applicant's compliance with conditions and lack of flight risk.
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