HIGH COURT OF GUJARAT
MRM
JAIMINKUMAR BACHUBHAI VADHER (RAJPUT) – 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. 11211014240384 of 2024 registered with Dasada Police Station, Surendranagar.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. Though served with the Notice, no one appeared on behalf of the Original Complainant.
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 has arranged for the accommodation and food for the co-accused as well as the prosecutrix. Thus, there is an active participation of the present Applicant in commission of the of
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 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 emphasized that insufficient evidence of direct involvement and the applicant's good reputation justified granting bail under Section 483 of the BNSS.
The court emphasized that the role of the accused as a facilitator rather than a principal offender, alongside the absence of flight risk, justified the granting of bail under specified conditions.
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 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 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 under BNSS Section 483, emphasizing the need for strict conditions due to the Applicant's criminal history and the nature of allegations.
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