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HIGH COURT OF GUJARAT
MRM
JYOTI D/O BHIMSINH – 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 (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11201018240009 of 2024 registered with CID Cyber Crime, Police Station, District: Gandhinagar for the offences punishable under Sections 388, 389, 342, 343, 466, 467, 471, 507, 120 of I.P.C. and Sections 66(C), 66(D) of the I.T. Act.
2. Heard learned advocate Mr.Krunal Mehta appearing for the applicant and learned APP Mr.Ronak Raval for the Respondent – State.
3. Learned advocate for the applicant submitted that in the present offence, investigation is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 18.6.2024 and since then the applicant is in custody. The present applicant is a lady aged around 26 years. The presence of the present applicant is no more required in the police custody for the purpose of investigation. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.
4. The application is opposed by learned APP for the r
The court denied bail due to substantial evidence of the applicant's involvement in serious offences, emphasizing the gravity of the charges.
The court denied bail due to the serious nature of the allegations and the applicant's prior involvement in similar fraudulent activities.
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.
Bail may be granted if continued detention is not necessary; conditions can be imposed to ensure compliance and cooperation with the investigation.
The court denied bail due to insufficient evidence linking the applicant to the crime and previous misuse of temporary bail.
Bail can be granted if no material connects the accused with the alleged crime and if the investigation is almost complete.
The court granted bail based on the petitioner's gender and duration of custody, emphasizing the need for fair consideration in bail applications.
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