HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
MUSTAKBHAI @ MUSO MOHMMAD PAYAK – 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.11193050240225 of 2024 registered with Rajula Police Station, Amreli.
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 present applicant had actively participated in commission of the offence in question. The presence of the applicant has been captured in the C.C.T.V. footage and he is seen in the C.C.T.V. footages passing from the place of incident on a two wheeler. He further submitted that the applicant had assaulted the deceased with a stick and had inflicted several injuries to the deceased with the said stick. He, therefore, submitted to dismiss the present application.
5. Learned advocate for the original complainant has opposed the present application, inter alia, contending that the present applicant herein had a strong motive for c
Insufficient evidence linking the applicant to the crime justified the granting of bail, emphasizing the need for concrete proof in bail applications.
The court granted bail under Section 483, emphasizing the need for conditions to prevent misuse of liberty and interference with the investigation.
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 based on prolonged custody and ongoing trial status, emphasizing the need for conditions to prevent misuse of liberty.
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 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 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 nature of the allegations and the discretion to ensure compliance with conditions, referencing established legal principles.
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 has discretion to grant bail under Section 483, considering the nature of allegations and ongoing investigation, while imposing conditions to prevent misuse of liberty.
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