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HIGH COURT OF GUJARAT
MRM
VISHAL VINODBHAI THAKKAR – 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. 11191065240015 of 2024 registered with Narol Police Station, Ahmedabad for the offences punishable under Sections 302, 143, 147, 148, 149, 323, 324, 307, 506(2), 120(b) of the Indian Penal Code and Section 135(1) of the G.P. Act.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
3. Learned Advocate Zubin F. Bharda appearing for the Applicant has submitted that the Applicant had earlier preferred Criminal Miscellaneous Application No. 10462 of 2024 which was dismissed by this Court vide order dated 25.06.20224. However, thereafter the other co-accused have been considered for grant of bail by this Court and the role attributed to the those accused is either similar or more graver than the role attributed to the present Applicant. Thus, there is a change in circumstances after the earlier Bail Application filed by the Applicant was dismissed. He further submitted that as per the case of the prosecution case, the Applicant herein had a
A successive bail application must demonstrate a significant change in circumstances since the prior dismissal; mere absence from the scene does not negate instigation of the crime.
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 absence of direct evidence linking the Applicant to the crime, alongside consideration of bail factors, justified the granting of bail.
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 granted bail based on the Applicant's circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
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 granted bail based on the Applicant's role in abetting the offence, emphasizing the need for conditions to prevent interference with the investigation.
A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.
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 granted bail considering the applicant's prolonged custody and the nature of allegations, imposing conditions to ensure compliance and prevent tampering with evidence.
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