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HIGH COURT OF GUJARAT
MRM
HARVINDAR DINANATH SHARMA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11196003250072 of 2025 registered with Manjalpur Police Station, Vadodara
3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the applicant happens to be the husband of the first informant and due to some matrimonial dispute, the incident alleged in the FIR had taken place wherein the applicant herein had fired upon the victim and still 32 pellets are lying in the body of the victim, which are yet to be taken out and because of the old age of the victim, the said is not possible. He, therefore, submitted to dismiss the present application.
5. Learned advocate for the original complainant has also opposed the present application, inter alia, contending that even prior to the incident, t
Bail may be granted on humanitarian grounds, even in serious cases, considering the applicant's age and the completion of the investigation, provided strict conditions are imposed.
The court granted bail based on the prosecutrix's statement indicating no coercion, emphasizing discretion in bail matters when the investigation is complete.
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 may grant bail considering the nature of the offence, completion of investigation, and risk of flight, imposing necessary conditions to ensure compliance.
The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure....
The court granted bail based on the completion of investigation and the applicant's custody status, emphasizing the need for conditions to prevent tampering with evidence.
The court granted bail considering the amicable settlement between parties and the prosecutrix's consent, despite her age, while imposing strict conditions to ensure compliance and prevent tampering.
The court established that bail may be granted based on the nature of allegations, custody duration, and precedents, emphasizing judicial discretion in such matters.
The court granted bail considering the amicable settlement and the nature of the allegations, imposing strict conditions to prevent tampering with evidence.
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