HIGH COURT OF GUJARAT
MRM
DEBJYOTI DIPAK DASGUPTA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.III/3 of 2017 registered with Katargam Police Station, District Surat.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the applicant herein provided raw material for preparing of spurious liquor because of consumption in diet. Thus, there is an active participation on the part of the present applicant in commission of offence. Learned APP has further submitted that trial of the offence has commenced and as many as 35 to 40 witnesses have been examined as of now. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.
5. Heard learned
The court granted bail based on the applicant's custody status and the nature of allegations, emphasizing the need for conditions to ensure trial integrity.
The court granted bail based on the applicant's limited involvement in the offence and the completion of the investigation, emphasizing the need for strict conditions to prevent interference with the....
The court granted bail based on the applicant's stable condition of the victim and the completion of the investigation, emphasizing the need for conditions to prevent tampering and ensure trial atten....
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 granted bail based on insufficient evidence connecting the applicant to the offence, emphasizing the need for substantial proof in serious criminal cases.
The court granted bail based on the applicant's custody duration and lack of flight risk, emphasizing the need for conditions to prevent tampering with evidence.
The court granted bail based on the applicant's custody duration and the nature of allegations, emphasizing the need for conditions to prevent interference with the investigation.
The court established that bail may be granted even in serious offences if conditions are imposed to ensure the accused's presence and prevent evidence tampering.
The court granted bail considering the nature of allegations, the applicant's relationship with the victim, and the absence of flight risk, emphasizing the need for conditions to ensure compliance.
A court may grant bail if evidence against the applicant is insufficient, considering factors like prima facie case and risk of tampering with witnesses.
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