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HIGH COURT OF GUJARAT
MRM
SIRAJ @ DON HUSSAINBHAI KHALYANI – 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. 11190002221330 of 2022 registered with Botad Police Station, Botad.
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 who happens to be the brother of the present Applicant, when ordered to be enlarged on Parole Leave had absconded. Therefore, there is an apprehension that the Applicant may also not be availeble for the purpose of trial if ordered to be enlarged on bail. He further
The court emphasized that bail should be granted when trial delays and compliance with conditions outweigh flight risk concerns.
The court granted bail due to the completion of the investigation, lack of necessity for the applicant's presence, and no imminent trial, emphasizing the need to consider the nature of allegations ag....
Bail may be granted even in serious offences if the applicant shows compliance willingness and no flight risk, emphasizing the need for a balanced assessment of case facts.
The court granted bail based on the Applicant's limited role in the alleged crime, good reputation, and absence of risk of flight or witness tampering.
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 determined that the applicant's non-involvement in inflicting injury and lack of flight risk justified granting bail despite the serious nature of the offence.
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.
The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.
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.
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