HIGH COURT OF GUJARAT
MRM
HABIBBHAI @ ABDUL @ ABALO IBRAHIMBHAI SANDH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.
2. 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. 11203068240239 of 2024 registered with Vanthali Police Station. Junagadh.
3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
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 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 vehemently opposed the present application for grant of regular bail contending that there was a previous enmity between two groups and therefore the incident alleged in the FIR had taken place. The role attributed to the present applicant in commission of the offence is to the effect that the applicant was present at the scene of offence armed with an iron rod
The court granted bail considering the applicant's age and the nature of allegations, emphasizing the need for careful evaluation of bail conditions.
The court granted bail considering the applicant's age and lack of flight risk, emphasizing the need for strict compliance with conditions to prevent tampering with evidence.
The court granted bail based on insufficient evidence linking the applicant to the crime, emphasizing the need for a prima facie case.
The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.
The court granted bail under Section 483 of the BNSS, emphasizing the need to consider the nature of the offence and the applicant's compliance with conditions to prevent tampering with evidence.
The court may grant bail after considering the gravity of the offense, the applicant's history of absconding, and the conditions necessary to ensure trial attendance.
The court ruled that bail may be granted considering the nature of allegations, the applicant's role in the offense, and the absence of direct fatal involvement.
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 established that bail may be granted when continued detention is unjustified, considering the nature of allegations and evidence presented.
The court emphasized evaluating contradictions in witness statements and the gravity of charges when considering bail applications.
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