HIGH COURT OF GUJARAT
MRM
ARBAZKHAN JAMIRKHAN PATHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M.R. MENGDEY, J.)
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11191032240335 of 2024 registered with Maninagar Police Station, Ahmedabad.
3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the present applicant had established physical relations with the prosecutrix on the basis of false promise to marry her. The applicant had also obtained some money from the prosecutrix and had also captured the intimate moments between them on the mobile-phone and on the basis of the same, he used to blackmail the prosecutrix. He, therefore, submitted to dismiss the present application.
5. Learned advocate for the original complainant has also opposed the present application, inter alia, contending that the applicant never had an intention to marry the prosec
The court granted bail based on the completion of investigation and the nature of allegations, emphasizing the need for specific conditions to prevent misuse of liberty.
The court exercised discretion to grant bail based on the completion of the investigation and the nature of evidence indicating a consensual relationship.
The court granted bail based on the nature of the allegations and the discretion to ensure compliance with conditions, referencing established legal principles.
The court ruled that the prosecutrix's age below 18 years rendered her consent immaterial, justifying the grant of bail under specific conditions.
The court has discretion to grant bail under Section 483, considering the nature of allegations and ongoing investigation, while imposing conditions to prevent misuse of liberty.
Bail is the rule and jail is the exception; the court emphasized the importance of personal liberty and the need for careful consideration of the circumstances surrounding bail applications.
Insufficient evidence connecting the applicant to the offence justified the granting of bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023.
The court granted bail based on the nature of the allegations and the applicant's limited role in the incident, emphasizing the need for conditions to prevent misuse of bail.
The court granted bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, emphasizing the need for conditions to prevent misuse of liberty.
The court granted bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, emphasizing the importance of conditions to prevent misuse of liberty and ensure the applicant's presence at tri....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.