Back
HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
MAHENDI HASAN MO. AARIF SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M.R. MENGDEY, J.)
1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11210002243131 of 2024 registered with Sachin G.I.D.C. Police Station, Surat.
2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant.
3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. K.T.Beladiya waives service of notice of Rule on behalf of the Original Complainant.
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 opposed the present application for grant of regular bail contending that the Applicant had actively participated in commission of the offence in question as it was the Appli
Bail may be granted even in serious offences if the applicant shows compliance willingness and no flight risk, emphasizing the need for a balanced assessment of case facts.
The court determined that the applicant's non-involvement in inflicting injury and lack of flight risk justified granting bail despite the serious nature of the offence.
The court emphasized that the role of the accused as a facilitator rather than a principal offender, alongside the absence of flight risk, justified the granting of bail under specified conditions.
The court emphasized the balance between the severity of the offence and the rights of the accused, allowing bail based on the Applicant's reputation and the victims' stable condition.
The court granted bail based on the Applicant's limited role in the alleged crime, good reputation, and absence of risk of flight or witness tampering.
The court granted bail considering the applicant's age and lack of flight risk, emphasizing the need for strict compliance with conditions to prevent tampering with evidence.
The court granted bail considering the applicant's age and the nature of allegations, emphasizing the need for careful evaluation of bail conditions.
The court granted bail considering the applicant's reputation, duration of custody, and similarity to a co-accused's case, emphasizing the need for conditions to ensure compliance.
The court granted bail based on the nature of allegations, the Applicant's compliance with conditions, and the absence of physical relations with the prosecutrix.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
