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HIGH COURT OF GUJARAT
MRM
CHANDANSING PIRSING DAHIYA (RAJPUT) – 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 439 of the Criminal Procedure Code, 1973 for regular bail in connection with F.I.R. No.11210064230904 of 2023 registered with Godadara Police Station, District Surat.
3. Learned advocate for the applicant has submitted 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 age of the prosecutrix was below 18 years at the relevant time. Therefore, her consent would be immaterial. Learned APP has, therefore, 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. Learned advocate appearing for the original complainant has also submitted that the matter has been amicably settled between the parties and the complainant has no objection, if the applicant is ordered to be enlarged on bail. He has also produce
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 granted bail based on the prosecutrix's statement indicating no coercion, emphasizing discretion in bail matters when the investigation is complete.
The court granted bail considering the applicant's custody duration, the nature of allegations, and the prosecutrix's age, emphasizing the need for conditions to prevent tampering with evidence.
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 based on the applicant's compliance with conditions and the nature of the allegations, emphasizing the importance of the relationship history and the status of the investigatio....
The court may grant bail under Section 439 considering the nature of the offence, previous absences, and ensuring the accused's presence at trial.
The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.
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....
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