HIGH COURT OF GUJARAT
MRM
RAJU @ SITARAM NARAYAN DHOTRE – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 3 of 2019 registered with Gandhidham Railway Police Station, Ahmedabad West Railway Police Station.
3. Learned Senior Advocate for the applicant has submitted that in present offence, the investigation is over and charge- sheet has been filed. The applicant herein has been arrested in connection with the present offence on 22.05.2019 and since then he is in custody. The trial of the offence in not progressing and still 82 witnesses are required to be examined by prosecution, and therefore, there is no likelihood of trial of the offence getting over in the near future.
3.1 Learned Senior Advocate for the applicant has submitted that the Hon’ble Apex Court has considered the other co-accused for grant of bail only on the ground of long incarceration. Having regard to the period of incarceration undergone by the present applicant, the applicant is also entitled to be enlarged on bail on the very same ground on parity with the other co-accuse
The court granted bail based on the applicant's prolonged incarceration and lack of trial progress, emphasizing fairness in similar cases.
The court granted bail based on the prolonged trial and the applicant's circumstances, emphasizing the need for conditions to prevent misuse of liberty.
The court granted bail based on prolonged custody and ongoing trial status, emphasizing the need for conditions to prevent misuse of liberty.
The court may grant bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, considering the nature of the offence and ensuring conditions to prevent misuse of liberty.
The court granted bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, emphasizing the importance of conditions to prevent misuse of liberty and ensure the applicant's presence at tri....
The court granted bail based on the limited role of the applicant in aiding co-accused, emphasizing the completion of investigation and the nature of allegations.
The court exercised discretion to grant bail based on the limited role of the applicant in aiding co-accused, emphasizing the completion of the investigation.
The court exercised discretion to grant bail under Section 483, imposing conditions to ensure the applicant's presence during trial due to prior absconding and lack of trial progress.
The court exercised discretion to grant bail based on the nature of allegations and the victim's stable condition, emphasizing the importance of not misusing liberty.
Insufficient evidence connecting the applicant to the offence justified the granting of bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023.
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