Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Darbar (zala) Kishansinh @ Kishorsinh Hirbha @ Hiraji Bhathiji – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Mr.R.B.Thakor appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.J.K.Shah appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. 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. 11217030231450/2023 registered with Siddhpur Police Station, Patan for the offence punishable under Section 399 of the IPC .
3.1. The applicant having been arrested in connection with the aforesaid FIR, had been enlarged on regular bail by learned Coordinate Bench of this Court vide order dated 04.04.2024 and whereas, since the applicant had not remained present during the trial, the learned Trial Court had issued a non-bailable warrant against the present applicant and the applicant having approached the learned Trial Court for cancellation of the said warrant which had not been acceded to and the applicant having been arrested, having approached the learned Sessions Court and vide order dated 20.01.2026, the learned
Court granted bail considering applicant's prior bail, absence of criminal history, and commitment to comply with conditions, balancing liberty with trial integrity.
Court granted regular bail considering the applicant's prolonged custody and partial compliance with bail conditions, emphasizing discretion based on individual circumstances.
Bail – Young age of accused and period of custody are favourable factors for grant of bail.
The court granted bail based on the nature of allegations in a relationship context, applying principles of discretion and referencing prior judgments.
The court exercised discretion to grant bail due to insufficient evidence and unclear circumstances surrounding the allegations against the applicant.
Court can exercise discretion to grant bail based on assessed evidence and conditions, even with serious allegations present.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
