HIGH COURT OF GUJARAT
MRM
PANKAJ @ PANKESH KANUBHAI RATHVA – 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. 11184004240643 of 2024 registered with Kadwal Police Station, Chhotaudepur.
2. Heard learned 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 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 and his wife were doubting the deceased doing some black magic on their son and because of which the son had died and therefore a conspiracy was hatched by the present Applicant and the other co-accused to eliminate the deceased. The Applicant herein had actively p
The court established that a limited role in the alleged crime and lack of substantial evidence can justify granting bail, emphasizing the need for careful consideration of bail applications.
The court granted bail based on the Applicant's circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
The court emphasized that insufficient evidence of direct involvement and the applicant's good reputation justified granting bail under Section 483 of the BNSS.
The court granted bail based on the Applicant's role in abetting the offence, emphasizing the need for conditions to prevent interference with the investigation.
The court granted bail based on the similarity of the Applicant's role to a co-accused granted bail, emphasizing the need for consideration of the nature of allegations and custody duration.
The absence of direct evidence linking the Applicant to the crime, alongside consideration of bail factors, justified the granting of bail.
The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure....
The court granted bail considering the nature of allegations, the applicant's custody duration, and the absence of flight risk, imposing strict conditions for release.
The court granted bail considering the applicant's prolonged custody and the nature of allegations, imposing conditions to ensure compliance and prevent tampering with evidence.
The court granted bail based on the Applicant's reputation and the completion of the investigation, imposing conditions to prevent tampering and ensure compliance.
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