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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
MANISH SURESHLAL VISHVAKARMA – 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 him on Regular Bail in connection with FIR being C.R. No. 11208002230862 of 2023 registered with Aji Dam Police Station, Rajkot City for the offences punishable under Sections 255, 260, 406, 417, 419, 420, 465, 467, 468, 471, 472, 475, 120B and 114 of the Indian Penal Code and Section 7(1)(2) of The State Emblem of India (Prohibition of Improper Use) Act, 2005.
2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appaering 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. Pravin Gondaliya waives service of notice of Rule on behalf of the Original Complainant.
4. Learned Advocate for the Applicant has submitted that the Applicant has a good reputation in the society and no useful purpose would be served by keeping the applicant in jail for an 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 Hon
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.
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 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 based on the Applicant's role in abetting the offence, emphasizing the need for conditions to prevent interference with the investigation.
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 Applicant's circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
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.
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