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HIGH COURT OF GUJARAT
MRM
AMIT S/O. PANNALAL MOHANLAL PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
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. 11191067240111 of 2024 registered with Cyber Crime Police Station. Ahmedabad City.
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 bank account of the applicant was used in deposit of proceeds of fraud. There are as many as 39 complaints against the bank account across the country in 14 States. The total amount of fraud involved in the offence is to the tune of Rs.2,59,00,000/-. The applicant
The court granted bail considering the nature of allegations, gravity of accusations, and the applicant's compliance with conditions, emphasizing the balance between rights and the severity of charge....
The court emphasized that insufficient evidence of direct involvement and the applicant's good reputation justified granting bail under Section 483 of the BNSS.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
The court granted bail considering the applicant's lack of prior criminal record and the completion of the investigation, emphasizing the importance of maintaining law and order during bail condition....
The court established that bail may be granted based on the assessment of prima facie case, custody duration, and risk of tampering with evidence, with conditions imposed to ensure compliance.
The court granted bail under BNSS Section 483, emphasizing the need for strict conditions due to the Applicant's criminal history and the nature of allegations.
The court granted bail based on the applicant's compliance with conditions and the nature of allegations, highlighting the need for a balanced approach in bail considerations.
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