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HIGH COURT OF GUJARAT
MRM
ATIK AHMAD @ LALA SHER AHMAD MALIK – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11200045240789 of 2024 registered with Umbergaon Police Station, District Valsad, for the offences punishable under Sections 498(A) and 306 of the Indian Penal Code, 1860.
2. Learned advocate for the applicant has submitted that the applicant has been arrested in connection of the present offence on 27.05.2024. The applicant had earlier preferred Criminal Misc. Application No.17556 of 2024, which was allowed to be withdrawn vide order dated 09.09.2024. However, there is no progress in the trial. The applicant happens to be the husband of the deceased who had taken the deceased to the hospital after the incident had taken place. He has further submitted that after the arrest of the applicant, there is no progress in the trial. He, therefore, submitted to allow the application.
3. The learned APP appearing for the respondent State has vehemently submitted that the offences alleged against the present applicant is serious in nature. He further submits that the allegations against the applicant, are serious in nature and looking
The court emphasized that successive bail applications require a demonstration of changed circumstances, particularly in serious cases involving allegations of cruelty and abetment of suicide.
The court denied bail based on the applicant's history of domestic abuse and lack of substantial trial progress, emphasizing the seriousness of the allegations.
The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure....
A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.
The court emphasized that bail is a discretionary remedy, particularly in serious offences like murder, where credible evidence suggests premeditated intent.
The court granted bail based on the applicant's circumstances, emphasizing the need for discretion while imposing conditions to prevent interference with the trial.
A bail application can be refiled after a Special Leave to Appeal is dismissed as withdrawn, and the trial court retains jurisdiction to consider bail applications despite prior dismissals.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
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