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HIGH COURT OF GUJARAT
MRM
MANOJBHAI BHARATBHAI KUMARKHANIYA – 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. 11190001240236 of 2024 registered with Baravala Police Station, Botad.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. Learned Advocate Mr. Darshan A. Dave appears on behalf of the Original Complainant and states that he would be filing his Vakalatnama during the course of the day.
2.1 Registry to accept the Vakalatnama of learned Advocate Mr. Dave and place the same on record.
3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Dave waives service of notice of Rule on behalf of the Original Complainant.
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 AP
The court granted bail based on the consensual nature of the relationship and the complainant's lack of objection, emphasizing the need for conditions to prevent tampering with evidence.
The court granted bail considering the applicant's custody duration, nature of allegations, and lack of flight risk, emphasizing the need for compliance with imposed conditions.
The court granted bail based on the prosecutrix's consent and lack of evidence suggesting flight risk or witness tampering.
The court granted bail based on the nature of allegations, the Applicant's compliance with conditions, and the absence of physical relations with the prosecutrix.
The court granted bail considering the nature of allegations, the applicant's relationship with the victim, and the absence of flight risk, emphasizing the need for conditions to ensure compliance.
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 granted bail based on the absence of corroborative evidence from the victim's statement and the Applicant's compliance with conditions, emphasizing the need for a balanced approach in bail ....
The court granted bail considering the amicable settlement and the nature of the allegations, imposing strict conditions to prevent tampering with evidence.
The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.
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.
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