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HIGH COURT OF GUJARAT
MRM
KARI ABBAS GULAM RASUL SAMEJA – 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. 11203038230417 of 2023 registered with Mangrol Police Station, Junagadh for the offences punishable under Sections 377, 506(2), 323, 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act and Sections 4, 8, 12, 17, 5(c), 5(f), 5(l), 5(o) of the Protection of Children from Sexual Offences Act.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
3. Learned Advocate for the Applicant has submitted that in the present offence the investigation is over and and charge sheet has been filed. The Applicant has been arrested in connection with the present offence on 23.10.2023 and since then the Applicant is in the custody. The Applicant had earlier preferred Criminal Miscellaneous Application No. 767 of 2024 which was allowed to be withdrawn by this Court vide rorder dated 12.01.2024. The Applicant was permitted by this Court to file Application afresh after nine months if the trial did not proceed in the meantime. Thereafter th
The court denied bail due to the serious nature of allegations involving sexual abuse of minors, emphasizing victim protection and the integrity of the investigation.
The court granted bail based on the absence of corroborative evidence from the victim's statement and the Applicant's compliance with conditions, emphasizing the need for a balanced approach in bail ....
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.
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.
A successive bail application must demonstrate a significant change in circumstances since the prior dismissal; mere absence from the scene does not negate instigation of the crime.
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 circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
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