HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
SHIVJI LAKHUBHAI @ GHELABHAI BAVA (AHIR) – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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. 11993003250096 of 2025 registered with Anjar Police Station, Kachchh.
2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant.
3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Kishan K. Nayi 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 APP has opposed the present application for grant of regular bail contending that the Applicant along with the other co-accused had ransacked the premises of the first informant and had committed loot of Rs
The court established that bail can be granted by considering the applicant's reputation, absence of prior offenses, and the nature of allegations, while imposing strict conditions to mitigate risks.
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 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 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 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 found that the applicant's continued detention was unnecessary given the completed investigation and imposed conditions for bail to ensure compliance and presence at trial.
The court emphasized the need to balance the rights of the accused with the seriousness of the charges, allowing bail under strict 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 ruled that bail may be granted considering the nature of allegations, the applicant's role in the offense, and the absence of direct fatal involvement.
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