HIGH COURT OF GUJARAT
MRM
LALITBHAI GANPATJI TANK – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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. 11195008201056 of 2020 registered with Bhildi Police Station, Banaskantha.
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 has opposed the present application, inter alia, contending that the trial of the offence is in progress and out of 46 witnesses 14 witnesses have already been examined and the remaining witnesses will be examined in the near future. He further submits that the present applicant is the main accused. The role attributed to the other co-accused, who have been considered for grant of bail is altogether different from the role attributed to the present applicant, and therefore, the aspect of parity would not be applicable to the present applicant. He, therefore, submitted to dismiss the present application.
5. I have heard the learned advocates appearing on behalf of the respective parties
The court granted bail based on prolonged custody and ongoing trial status, emphasizing the need for conditions to prevent misuse of liberty.
The court granted bail based on the prolonged trial and the applicant's circumstances, emphasizing the need for conditions to prevent misuse of liberty.
The court exercised discretion to grant bail under Section 483, imposing conditions to ensure the applicant's presence during trial due to prior absconding and lack of trial progress.
The court may grant bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, considering the nature of the offence and ensuring conditions to prevent misuse of liberty.
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 importance of conditions to prevent misuse of liberty and ensure the applicant's presence at tri....
The court granted bail based on the applicant's prolonged incarceration and lack of trial progress, emphasizing fairness in similar cases.
The court granted regular bail based on the completion of investigation and the nature of allegations, imposing specific conditions to ensure compliance.
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.
The court granted bail based on insufficient evidence against the applicant, emphasizing the importance of reliable witness testimony.
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