HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
NIKULBHAI @ PAPDI RAJUBHAI THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned APP waives service of Rule on behalf of the Respondent-State.
2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11211058240398 of 2024 registered with Bajana Police Station. Surendranagar.
3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
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 vehemently opposed the present application for grant of regular bail contending that the applicant had supplied the contraband substance worth 2.95 grams which had been seized from the other co-accused. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application m
In the absence of substantial evidence linking the applicant to the alleged crime, bail may be granted, considering the applicant's compliance with conditions and lack of flight risk.
The court established that bail may be granted when continued detention is unjustified, considering the nature of allegations and evidence presented.
The court emphasized that prolonged custody without trial progress and lack of flight risk justifies granting bail, subject to specific conditions.
The court granted bail considering the nature of allegations, applicant's custody duration, and imposed conditions to prevent tampering with evidence.
The court emphasized the importance of assessing bail applications based on the nature of allegations, prior conduct, and the applicant's likelihood of appearing for trial.
The court granted bail considering the nature of the offence and the applicant's willingness to comply with conditions, emphasizing the balance between individual rights and public interest.
The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance with legal obligations.
The court emphasized that bail considerations involve evaluating the prima facie case, risk of flight, and potential tampering with evidence, allowing bail under strict conditions.
The court granted bail under Section 483 of BNSS, emphasizing the need for conditions to prevent tampering with evidence and ensure the applicant's presence at trial.
The court granted bail under Section 483 of BNSS, emphasizing the need for conditions to prevent tampering with evidence and ensure the applicant's availability for trial.
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