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HIGH COURT OF GUJARAT
MRM
NILESH @ KALIYO ASHOKBHAI VASTIRAM OD (MARWADI) – 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. 11191012240782 of 2024 registered with Danilimda Police Station, Ahmedabad City.
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 call details of the telephone calls having taken place between the present Applicant and teh other co-accused on whose possession the bottles of cough syruph containing Codeine Phosphate were found. Learned APP has therefore submitted that looking to the nature of offen
The court granted bail based on insufficient evidence linking the Applicant to the offence, emphasizing the need for fair trial considerations.
The court granted bail under Section 483 of BNSS, emphasizing the need for conditions to prevent tampering with evidence and ensure the applicant's presence at trial.
The court emphasized the need to balance the rights of the accused with the seriousness of the charges, allowing bail under strict conditions to prevent tampering with evidence.
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 granted bail considering the nature of the offence and the applicant's willingness to comply with conditions, emphasizing the balance between individual rights and public interest.
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.
In the absence of substantial evidence linking the applicant to the alleged crime, bail may be granted, considering the applicant's compliance with conditions and lack of flight risk.
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 based on the Applicant's limited role in the alleged crime, good reputation, and absence of risk of flight or witness tampering.
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