HIGH COURT OF GUJARAT
MRM
AJABSING @ AJAY NIRPAT RAMKISHAN JATAV – 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.I-408/2017 registered with Vatva Police Station, District:Ahmedabad City for the offences punishable under Sections 302, 201 120B, 114 of the Indian Penal Code.
2. Heard learned advocate Mr.Nilay P. Chheda appearing for the applicant and learned APP Mr.Hardik Soni for the Respondent – State.
3. Learned advocate for the applicant submitted that in the present offence, investigation is over and charge-sheet has been filed. Learned advocate for the applicant submitted that the present applicant has been arrested in connection with the present offence on 15.12.2017 and since then the applicant is in custody. The applicant has been apprehended in the present offence only on the basis of suspicion and there is no material whatsoever connecting the present applicant with the offence in question. It is the case of prosecution that the applicant was having an affair with the wife of the deceased, who is also a co-accused, however, there is no material indicating any such relati
The court denied bail due to insufficient evidence linking the applicant to the crime and previous misuse of temporary bail.
Prolonged incarceration and incomplete trial justify granting bail under the Narcotic Drugs Act, subject to conditions.
Prolonged incarceration does not automatically justify bail if the applicant poses a flight risk and the trial is nearing completion.
A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.
The court granted bail based on the applicant's prolonged incarceration and lack of trial progress, emphasizing fairness in similar cases.
The court granted bail based on the nature of allegations in a relationship context, applying principles of discretion and referencing prior judgments.
The court granted bail based on the applicant's custody duration, the nature of allegations, and the lack of evidence suggesting flight risk or witness tampering.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
The court granted bail based on the applicant's good reputation, the nature of allegations, and compliance with specific conditions, emphasizing the need for careful consideration of bail factors.
Court granted bail considering applicant's prior bail, absence of criminal history, and commitment to comply with conditions, balancing liberty with trial integrity.
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