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2025 Supreme(Online)(SC) 105785

SUPREME COURT OF INDIA
SURYA KANT, NONGMEIKAPAM KOTISWAR SINGH, JJ
JITENDRA @JITU BHANDARI KAILASH GAUDA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: Somesh Chandra Jha, Shreay Saini, Kishan H. Daiya, Animesh Rajoriya, Akash Kishore
For the Respondents: Swati Ghildiyal, Devyani Bhatt, Sneha Menon

Table of Content
1. petitioner's prolonged custody and lack of criminal records warrant consideration for bail. (Para 1 , 2 , 3 , 4)
2. the grant of bail despite statutory conditions is justified considering circumstances. (Para 5)
3. bail is granted on specified conditions due to unique case circumstances. (Para 6 , 7 , 8 , 9)

O R D E R

2. The allegations are that the petitioner owns a plot which was rented to store Ganja from where the petitioner’s co-accused used to deliver the contraband in the market. It is further alleged Signattureh Noat Vetrifie d the petitioner directed one of his co-accused – Shankar to Digitaly signed by SATISH KUMAR YADAV Date: 2d025e.01.2l0 iver 10 kgs of Ganja to a location in Surat. The petitioner was

arrested on 20.01.2020 and is in custody since then. The matter was investigated; the chargesheet was filed on 24.12.2019, followed by a supplementary chargesheet on 19.03.2020. The petitioner, thereafter, tried his luck for regular bail twice but his applications were dismissed/dismissed as withdrawn on 16.02.2021 and again on 22.11.2021.

4. The petitioner seems to have been denied bail successively on account of the fact that the had remained absconded after

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