HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
AKBAR YUNUSHBHAI CHHIPA (AKBAR @ CHHIPA S/O YUNUSHBHAI CHHIPA) – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11191011240295 of 2024 registered with D.C.B. Police Station, District Ahmedabad.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the present applicant was proposed to receive the quantity of contraband substance mephedrone worth 20 gms from the other co-accused and there are telephone call details between the present applicant and other co-accused which indicates that the present applicant and other co-accused were in constant touch through the mobile phone and monitory transactions also taken place between the two. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is requi
The court may grant bail if the evidence does not establish a prima facie case against the applicant, despite serious charges.
A court may grant bail if evidence against the applicant is insufficient, considering factors like prima facie case and risk of tampering with witnesses.
The court established that bail may be granted considering the nature of the offence, prior custody duration, and the necessity of conditions to prevent tampering with evidence.
The court granted bail based on insufficient evidence connecting the applicant to the offence, emphasizing the need for substantial proof in serious criminal cases.
The court established that bail may be granted even in serious offences if conditions are imposed to ensure the accused's presence and prevent evidence tampering.
The court granted bail due to insufficient evidence connecting the applicant to the offence, emphasizing the need for substantial proof in bail applications.
The court may grant bail under Section 483 considering the nature of the offence, the applicant's antecedents, and the need to prevent tampering with evidence.
The court granted bail based on the applicant's custody duration and lack of flight risk, emphasizing the need for conditions to prevent tampering with evidence.
The court granted bail based on the applicant's custody duration and the nature of allegations, emphasizing the need for conditions to prevent interference with the investigation.
The court granted bail based on the nature of allegations and imposed conditions to prevent tampering with evidence and ensure the applicant's presence at trial.
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