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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Vivek @Udeyo @Bhailu Maunkumar Bhatt – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Nikhil S. Kariel, J.
1. Heard learned Advocate Mr. Dharshit R. Brahmbhatt appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi 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. 11215017250202 of 2025 registered with Mahelav Police Station, District Anand, for the offence punishable under Sections 316 (5) and 54 of the Bharatiya Nyaya Sanhita, 2023.
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 since the charge-sheet is filed, 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 Pub
Court can exercise discretion to grant bail based on assessed evidence and conditions, even with serious allegations present.
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 emphasizes the necessity to balance allegations against the applicant's role and compliance with the legal process when determining bail, allowing release on specific conditions.
The court ruled that the applicant is entitled to bail given the nature of allegations and absence of strong evidence, emphasizing the legal principle of not denying bail unless justified. This appli....
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