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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
MANGLUBHAI BAHADURBHAI GOVALIYA – 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 ( BNSS ) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11193008230293 of 2023 registered with Babra Police Station, District:Amreli for the offences punishable under Sections 307, 325, 324, 323, 341, 143, 147, 148 , 149 and 120B of the Indian Penal Code and Section 135 of the G.P. Act .
2. Heard learned senior advocate Mr.J.M.Panchal with learned advocate Mr.Ashish M. Dagli appearing for the applicant, learned senior advocate Mr.Anshin Desai with learned advocate Mr.Bhash H. Mankad for the original complainant and learned APP Ms.Monali Bhatt for the Respondent – State.
3. Learned senior advocate for the applicant submitted that the investigation of the offence is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 7.6.2023 and since then the applicant is in custody.
3.1 He further submitted that the proceedings against the present applicant is going on before learned Sessions Court, Amreli vide Sessions Case No.217 of 2023 and in the said proceedings, an ap
The court denied bail due to the applicant's significant involvement in serious offences, including assault resulting in permanent disability, emphasizing the need for careful consideration of the ap....
The court ruled that serious allegations and the applicant's extensive criminal history preclude the grant of bail, despite claims of parity with co-accused.
The court emphasized that bail should be granted when trial delays and compliance with conditions outweigh flight risk concerns.
The court balanced the right to individual liberty with the interest of society, considering the severity of the offense and the prima facie involvement of the applicant.
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