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HIGH COURT OF GUJARAT
MRM
MAULIK SHANKARBHAI PATEL – 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. 11191011240309 of 2024 registered with D.C.B. Police Station, Ahmedabad City for the offences punishable under Section 61, 62, 178, 179, 180, 181, 318 of the BNS Act 2023.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
3. Learned Advocate for the Applicant has submitted that in the present offence charge sheet has been filed. The Applicant has been arrested in connection with the present offence on 28.11.2024 and since then the Applicant is in custody. After his arrest the Applicant was also subjected to police remand, and therefore, now the presence of the present Applicant is no more required in the police custody for the purpose of investigation. He further submits that 194 counterfeit currency notes had been recovered from the other co-accused and not from the present Applicant. The Applicant herein has been falsely implicated in commission of the offence in question. It is the case of the prosecution that the Applicant was f
The court denied bail based on the applicant's presence at the crime scene and the prosecution's evidence, emphasizing the seriousness of the charges under the BNS Act.
The court granted bail based on insufficient evidence against the Applicant and the consideration of bail conditions, emphasizing the importance of a prima facie case.
Accused granted bail as continued detention deemed unnecessary despite serious allegations against him.
The seriousness of the offence, the public interest, and the risk of the petitioner tampering with evidence or fleeing from justice were central to the court's decision.
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.
The prima facie nature of evidence at the bail stage and the lack of meticulous appreciation of evidence influenced the court's decision in admitting the petitioner to bail.
The court may grant bail to an accused found in possession of counterfeit currency, but may impose stringent conditions to ensure attendance at trial and prevent tampering with witnesses.
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