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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
RAHIMKHAN IMAMKHAN BALOCH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned APP waives service of Rule on behalf of the Respondent-State.
2. The Applicants have filed this Applications under Section 439 of the Code of Criminal Procedure for enlarging the Applicants on Regular Bail in connection with FIR being C.R. No.11195009240389 of 2024 registered with Chhapi Police Station. Banaskantha.
3. Heard learned senior advocate Mr.Bhadresh Raju with learned advocate Mr.Tatsat A. Bhatt for the applicants and learned APP Mr.Hardik Soni for the Respondent – State.
4. He submitted that the offence alleged in the FIR had taken place on 24.6.2024 whereas the FIR came to be lodged for the said offence on 23.7.2024, that is after the period of one month. The delay caused in lodging the FIR had not been explained. The case of prosecution rests upon circumstantial evidence and the chain of circumstantial evidence, which is sought to be relied upon by the prosecution against the present applicants is not complete and does not prompt towards the guilt of the applicants. There is no material, whatsoever, connecting the present applicants with the offence in question. The circumstances which are sought to be relied upon by the prosecution against the pre
The court emphasized that a lack of direct evidence and significant delay in filing an FIR can justify granting bail, highlighting the need for a strong prima facie case.
The court ruled that bail may be granted considering the nature of allegations, the applicant's role in the offense, and the absence of direct fatal involvement.
The court may grant bail after considering the gravity of the offense, the applicant's history of absconding, and the conditions necessary to ensure trial attendance.
The court granted bail considering the applicant's age and lack of flight risk, emphasizing the need for strict compliance with conditions to prevent tampering with evidence.
The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.
The court granted bail considering the applicant's age and the nature of allegations, emphasizing the need for careful evaluation of bail conditions.
The court emphasized that prolonged custody without trial progress and lack of flight risk justifies granting bail, subject to specific conditions.
The court emphasized evaluating contradictions in witness statements and the gravity of charges when considering bail applications.
The court granted bail based on insufficient evidence linking the applicant to the crime, emphasizing the need for a prima facie case.
The court emphasized the importance of evaluating the prima facie case, the accused's availability for trial, and the risk of witness tampering when considering bail applications.
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