HIGH COURT OF GUJARAT
MRM
SHAKILBHAI SALIMBHAI SHAIKH – 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. 11192029240023 of 2024 registered with Koth Police Station, Ahmedabad Rural.
2. Heard learned Senior 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 Senior 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 Applicant was driving the Auto Rickshaw from which 590 Bottles of cough syrup containing Codeine Phosphate had been recovered. The Auto Rickshaw was occupied by the other co-accused namely Pratik and there were 77 telephone calls between the present Applicant
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 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 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 granted bail considering the Applicant's lack of prior criminal record and the nature of the allegations, emphasizing the importance of specific conditions to ensure compliance during trial....
The court granted bail considering the nature of allegations, applicant's custody duration, and imposed conditions to prevent tampering with evidence.
The court granted bail due to the completion of the investigation, lack of necessity for the applicant's presence, and no imminent trial, emphasizing the need to consider the nature of allegations ag....
The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance with legal obligations.
The court emphasized that prolonged custody without trial progress and lack of flight risk justifies granting bail, subject to specific conditions.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.