HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
HINDUSINH S/O DEVISINH LALSINH RAJPUT – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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. 11195018230519 of 2023 registered with Dhanera Police Station. Banaskantha.
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 the present applicant was the owner of the vehicle from which the stock of contraband substance had been seized. The contraband substance involved in the offence was the poppy straw worth 225 kilograms. The location of the present applicant was also found in Madhya Pradesh at the relevant time.
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.
The court established that bail may be granted when continued detention is unjustified, considering the nature of allegations and evidence presented.
The court granted bail considering the nature of allegations, applicant's custody duration, and imposed conditions to prevent tampering with evidence.
The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.
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 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 the importance of assessing bail applications based on the nature of allegations, prior conduct, and the applicant's likelihood of appearing for trial.
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 emphasized that bail considerations involve evaluating the prima facie case, risk of flight, and potential tampering with evidence, allowing bail under strict conditions.
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