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HIGH COURT OF GUJARAT
MRM
BIBIFATEMA MOH. HAMJA ABDUL KADIR TANSUJWALA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11196035240220 of 2024 registered with Vadi Police Station, District:Vadodara City for the offences punishable under Sections 103(1), 54 of B.N.S.
2. Heard learned advocate Mr.Hitesh L. Gupta appearing for the applicant, learned advocate Mr.Pratik Barot appearing for the original complainant and learned Additional Public Prosecutor Ms.Divyangna Jhala for the Respondent – State.
3. Learned advocate for the applicant submitted that the applicant is a lady who has been arrested in connection with the present offence on 14.8.2024 and since then she is in custody. The applicant is suffering from typical medical condition and is also undergoing a surgery. The applicant has undergone incarceration of more than seven years and there has been no progress in the trial. The applicant happens to be wife of the deceased. It was the applicant herself who had noticed her husband i.e. deceased lying in an unconscious condition and had informed the first informant and other relatives about the same. Had p
The court emphasized that bail is a discretionary remedy, particularly in serious offences like murder, where credible evidence suggests premeditated intent.
The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure....
The court denied bail due to insufficient evidence linking the applicant to the crime and previous misuse of temporary bail.
The court denied bail based on the applicant's history of domestic abuse and lack of substantial trial progress, emphasizing the seriousness of the allegations.
The court held that the grant of bail is appropriate when serious allegations lack substantial prima facie evidence, considering familial relationships and allegations' nature.
The court granted bail based on the applicant's custody duration, the nature of allegations, and the lack of evidence suggesting flight risk or witness tampering.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The court granted bail based on the applicant's circumstances, emphasizing the need for discretion while imposing conditions to prevent interference with the trial.
The court granted bail based on the applicant's compliance with conditions and the nature of the allegations, emphasizing the importance of the relationship history and the status of the investigatio....
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