HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
IRFAN ALIBHAI MANEK (MIYANA) – 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. 11189003241913 of 2024 registered with 'A' Division Morbi City Police Station, Morbi.
2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant.
3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Ms. Nilam N. Chauhan waives service of notice of Rule on behalf of the Original Complainant.
4. 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 an 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.
5. Per contra, learned APP has opposed the present application for grant of regular bail contending that the age of the prosecutrix was below 18 Years at the relevant time and despite havin
The court granted bail based on the nature of allegations, the Applicant's compliance with conditions, and the absence of physical relations with the prosecutrix.
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 ....
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 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.
The court granted bail considering the applicant's custody duration, nature of allegations, and lack of flight risk, emphasizing the need for compliance with imposed conditions.
The court granted bail under Section 483, emphasizing the importance of conditions to prevent misuse of liberty in cases involving minors.
The court granted bail considering the applicant's custody duration, the nature of allegations, and the prosecutrix's age, emphasizing the need for conditions to prevent tampering with evidence.
The court granted bail based on the applicant's compliance with conditions and the nature of the allegations, emphasizing the importance of the relationship history and the status of the investigatio....
The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.
The court granted bail considering the prosecutrix's consent and the nature of the allegations, emphasizing the need for conditions to prevent misuse of liberty.
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