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HIGH COURT OF GUJARAT
MRM
KAUSHIKBHAI KANUBHAI PUNAMBHAI DABHI (KAUSHIKBHAI KANUBHAI BIN POONAMBHAI DABHI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11215006230386 of 2023 registered with Borsad City Police Station, Anand.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
3. Leanred Advocate for the Applicant submitted that the Applicant had earlier preferred Criminal Miscellaneous Application No. 23352 of 2023 which was allowed to be withdrawn vider order dated 11.01.2024 granting liberty in his favour to file fresh Application after a period of nine months if the Trial do not proceed in the meantime. The Trial thereafter has not proceed any further. He further submitted that the role attributed to the present Applicant is of merely assisting the other co-accused. The Applicant has not inflicted any injury to the deceased. 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 willin
A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.
Court granted bail considering applicant's prior bail, absence of criminal history, and commitment to comply with conditions, balancing liberty with trial integrity.
Court granted regular bail considering the applicant's prolonged custody and partial compliance with bail conditions, emphasizing discretion based on individual circumstances.
The court granted bail based on the Applicant's circumstances, emphasizing the need for conditions to prevent witness tampering and maintain law and order.
The court granted bail considering the applicant's prolonged custody and the nature of allegations, imposing conditions to ensure compliance and prevent tampering with evidence.
The court emphasized the balance between the severity of the offence and the rights of the accused, allowing bail based on the Applicant's reputation and the victims' stable condition.
The court granted bail based on the Applicant's role in abetting the offence, emphasizing the need for conditions to prevent interference with the investigation.
The court emphasized that bail should be granted when trial delays and compliance with conditions outweigh flight risk concerns.
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