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HIGH COURT OF GUJARAT
MRM
BHIKHABHAI @ NATHABHAI GOKADBHAI BHARWAD – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
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.11187002250028 of 2025 registered with Balasinor Police Station, District Mahisagar.
3. Learned advocate for the applicant has submitted that the possession of disputed land has been vacated by the present applicant on 01.03.2025 and he has filed an affidavit of one Valiben Bhikhabhai who happens to be wife of the present applicant to the said effect wherein it is also mentioned that the applicant shall not again enter the disputed land of in any capacity in future whatsoever. He has also stated 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 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 required to be exercised.
5. Heard learned advocates app
The court emphasized the need for discretion in granting bail, considering the applicant's compliance with conditions and the nature of the allegations.
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 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 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, emphasizing the need for conditions to prevent tampering with evidence and ensure the applicant's presence during t....
The court established the criteria for bail consideration under Section 483, emphasizing the need for lawful conduct and compliance with trial procedures.
The court emphasized the balance between individual liberty and public interest in bail applications, allowing bail based on the completion of investigation and the nature of allegations.
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 the nature of allegations, emphasizing the need for conditions to prevent interference with the investigation.
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 may grant bail under Section 439 considering the nature of the offence, previous absences, and ensuring the accused's presence at trial.
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