HIGH COURT OF GUJARAT
MRM
KAMLESH GANESHLAL LOHAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11207061241134 of 2024 registered with Shahera Police Station, District Pabchmahal.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the applicant herein had forged number plate which was used for transportation of contraband liquor. The quantity involved in the present offence is huge. The applicant is having similar other antecedents for commission of offence. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.
5. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is ove
The court established that bail may be granted even in serious offences if conditions are imposed to ensure the accused's presence and prevent evidence tampering.
The court established that bail may be granted considering the nature of the offence, prior custody duration, and the necessity of conditions to prevent tampering with evidence.
The court granted bail based on insufficient evidence connecting the applicant to the offence, emphasizing the need for substantial proof in serious criminal cases.
The court granted bail based on the applicant's custody duration and lack of flight risk, emphasizing the need for conditions to prevent tampering with evidence.
The court granted bail based on the applicant's limited involvement in the offence and the completion of the investigation, emphasizing the need for strict conditions to prevent interference with the....
The court granted bail based on the applicant's stable condition of the victim and the completion of the investigation, emphasizing the need for conditions to prevent tampering and ensure trial atten....
The court granted bail based on the applicant's custody status and the nature of allegations, emphasizing the need for conditions to ensure trial integrity.
The court granted bail based on the nature of the offence and the applicant's custody status, emphasizing the need for conditions to prevent tampering with evidence.
A court may grant bail if evidence against the applicant is insufficient, considering factors like prima facie case and risk of tampering with witnesses.
The court granted bail based on the nature of allegations and imposed conditions to prevent tampering with evidence and ensure the applicant's presence at trial.
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