HIGH COURT OF GUJARAT
MRM
HITESHBHAI JAYANTIBHAI 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. 11191045221193 of 2022 registered with Sola High Police Station, Ahmedabad City, Ahmedabad.
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 other co-accused namely Kalpesh who has been considered for grant of bail by the Hon'ble Apex Court, the role attributed to him is much lesser than the role attributed to the present Applicant. The Applicant had actively participated in commission of the offe
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 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 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 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 compliance with conditions and the nature of allegations, highlighting the need for a balanced approach in bail considerations.
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 under BNSS Section 483, emphasizing the need for strict conditions due to the Applicant's criminal history and the nature of allegations.
The court granted bail based on the Applicant's reputation and the completion of the investigation, imposing conditions to prevent tampering and ensure compliance.
The court ruled that the absence of material evidence linking the applicant to the alleged offence warranted the granting of bail, emphasizing the need for a prima facie case.
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