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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
NASRUDDIN @ NASRO DADO GAFARBHAI MAJGUL (SIDDI BADSHAH) – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11203023240734 of 2024 registered with ‘A’ Division Police Station, District Junagadh, for the offences punishable under Sections 3(1), (ii), 3(2) and 3(4) of the GUJCTOC Act.
2. Learned advocate for the applicant has submitted that the investigation is over and the Charge-sheet is filed. The applicant has been arrested in connection with the present offence on 20.10.2024 and since then, he is in custody. He has further submitted that the other co-accused who are similarly situated to the present applicant has been considered for grant of bail by this Court and therefore, on the ground of parity, the applicant is entitled to grant the bail. He has further submitted that the provisions of GUJCTOC Act are not applicable against the present applicant as the applicant is not member of any syndicate which is involved in commission of any illegal activities. He has further submitted that the applicant has been falsely implicated in the present offence. He has, therefore, submitted that considering the nature of offence and role attributed to the app
The court ruled that serious allegations and the applicant's extensive criminal history preclude the grant of bail, despite claims of parity with co-accused.
The court denied bail due to the applicant's significant involvement in serious offences, including assault resulting in permanent disability, emphasizing the need for careful consideration of the ap....
The court balanced the right to individual liberty with the interest of society, considering the severity of the offense and the prima facie involvement of the applicant.
The severity of punishment, nature of supporting evidence, and involvement in criminal activities are crucial factors in deciding bail applications.
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