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HIGH COURT OF GUJARAT
MRM
GOPAL MITHAILAL GUPTA – 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, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11210055250145 of 2025 registered with Salabatpura Police Station, Surat.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
3. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the investigation of the offence is still in progress. The Applicant was very much part of the cartel which has been formed by the other co-accused for commission of the offence in question and the Applicant being the member of the said cartel had also actively participated in com
The court granted bail based on the Applicant's limited role in the alleged crime, good reputation, and absence of risk of flight or witness tampering.
The court emphasized the balance between the severity of the offence and the rights of the accused, allowing bail based on the Applicant's reputation and the victims' stable condition.
The court determined that the applicant's non-involvement in inflicting injury and lack of flight risk justified granting bail despite the serious nature of the offence.
Bail may be granted even in serious offences if the applicant shows compliance willingness and no flight risk, emphasizing the need for a balanced assessment of case facts.
The court emphasized that the role of the accused as a facilitator rather than a principal offender, alongside the absence of flight risk, justified the granting of bail under specified conditions.
The court granted bail considering the applicant's reputation, duration of custody, and similarity to a co-accused's case, emphasizing the need for conditions to ensure compliance.
The court granted bail due to the completion of the investigation, lack of necessity for the applicant's presence, and no imminent trial, emphasizing the need to consider the nature of allegations ag....
The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.
The court established that bail can be granted by considering the applicant's reputation, absence of prior offenses, and the nature of allegations, while imposing strict conditions to mitigate risks.
The court granted bail based on insufficient evidence linking the applicant to the crime, emphasizing the need for a prima facie case.
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