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2025 Supreme(GUJ) 377

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
TOFIKALI MOHMED MEMON – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MS. BHAVNA D ACHARYA(6406) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Table of Content
1. consideration of bail factors (Para 5)
2. bail is a rule (Para 7)
3. appeal for bail granted (Para 8 , 9 , 10)

ORDER :

2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) for regular bail in connection with FIR being C.R. No.11184007241075 of 2024 registered with Nasavadi Police Station, Chhotaudepur for the offence under Sections 108, 351(3), 351(4) of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Sections 3(2)(v), 3(1)(r) and 3(1)(s) of the Atrocity Act.

4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present appeal may be dismissed.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(2) The investigation is over and charge-sheet is filed;

(4) Now, nothing is required to be discovered or recovered from the accused and there is no possibility of the trial taking place in the near future;

8.

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