HIGH COURT OF GUJARAT
MRM
PREM KHIMJIBHAI JANJIYA (MAHESHWARI) – 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.11993006241363 of 2024 registered with ‘A’ Division Gandhidham Police Station, District Kachchh (East) Gandhidham.
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 presence of the present applicant has been found in the CCTV footage and the same has been sent to the FSL for examination. The applicant had actively participated in commission of offence in question as he had given kick and fist blows to the deceased which had resulted into death of the deceased. 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. Heard learned
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 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 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 439 considering the nature of the offence, previous absences, and ensuring the accused's presence at trial.
The court established the criteria for bail consideration under Section 483, emphasizing the need for lawful conduct and compliance with trial procedures.
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 emphasized that insufficient evidence of direct involvement and the applicant's good reputation justified granting bail under Section 483 of the BNSS.
The court granted bail based on the applicant's stable condition of the victim and the completion of the investigation, emphasizing the need for conditions to prevent tampering and ensure trial atten....
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