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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Yashkumar Jayantibai Rupabhai Padhiyar – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
NIKHIL S. KARIEL
1. Heard learned advocate Mr.J.V.Padhiyar appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Hardik Mehta 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. 11996003260100/2026 registered with Deodar Police Station, Vav-Tharad for the offence punishable under Sections 69 , 64(2)(m), 64(2)(f), 351(2), 351(3) of the BNS .
4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that 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.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has
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 nature of allegations in a relationship context, applying principles of discretion and referencing prior judgments.
Court granted bail considering applicant's prior bail, absence of criminal history, and commitment to comply with conditions, balancing liberty with trial integrity.
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 exercised discretion to grant bail due to insufficient evidence and unclear circumstances surrounding the allegations against the applicant.
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