HIGH COURT OF GUJARAT
MRM
SAMIR @ BHURO MANJOORBHAI GHANCHI – 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. 11191011240301 of 2024 registered with DCB Police Station, Ahmedabad City, Ahmedabad.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
3. 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 willing to abide by all the conditions that may be imposed by this Court if released on bail.
4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant has been found in conscious possession of contraband substance ganja worth 18 Kgs. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be
The court granted bail based on the applicant's lack of prior criminal history and the nature of the allegations, imposing conditions to prevent tampering with evidence.
The court granted bail based on insufficient evidence against the Applicant and the absence of prior criminal history, emphasizing the need for conditions to ensure compliance.
In the absence of substantial evidence linking the applicant to the alleged crime, bail may be granted, considering the applicant's compliance with conditions and lack of flight risk.
The court granted bail considering the Applicant's lack of prior criminal record and the nature of the allegations, emphasizing the importance of specific conditions to ensure compliance during trial....
The court granted bail based on the applicant's lack of prior offenses and the nature of the allegations, emphasizing adherence to conditions to prevent tampering with evidence.
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 established that bail may be granted considering the nature of the offence, prior custody duration, and the necessity of conditions to prevent tampering with evidence.
The court emphasized that prolonged custody without trial progress and lack of flight risk justifies granting bail, subject to specific conditions.
The court established that bail may be granted when continued detention is unjustified, considering the nature of allegations and evidence presented.
The court emphasized the importance of assessing bail applications based on the nature of allegations, prior conduct, and the applicant's likelihood of appearing for trial.
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