Case Note & Summary
The applicant, Makabhai Kababhai Varu (Bharwad), filed a criminal miscellaneous application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with FIR No. 11198070250533/2025 registered with Mahuva Rural Police Station, Bhavnagar, for offences punishable under Sections 4(2) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020. The applicant's counsel argued that considering the role attributed and the nature of allegations, and since the charge-sheet had already been filed, no useful purpose would be served by keeping the applicant in jail for an indefinite period. The applicant expressed readiness to abide by any conditions imposed by the court. The learned Additional Public Prosecutor opposed the bail application. The court, after hearing both sides, noted that the charge-sheet had been filed and no custodial interrogation was required. The court found it a fit case to exercise discretion in favor of the applicant and granted regular bail subject to certain conditions, including executing a personal bond of Rs. 10,000 with one surety, not misusing liberty, not tampering with evidence, and marking presence before the police station once per month for six months. The court clarified that observations were only for the purpose of deciding the bail application and not on the merits of the trial.
Headnote
A) Criminal Procedure - Regular Bail - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - Applicant sought regular bail after charge-sheet was filed for offences under Sections 4(2) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020 - Court granted bail considering that charge-sheet was already filed, no custodial interrogation was required, and the applicant was ready to abide by conditions - Held that no useful purpose would be served by keeping the applicant in jail for an indefinite period (Paras 3-5).
Issue of Consideration
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after filing of charge-sheet, in connection with offences under Sections 4(2) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020.
Final Decision
The application is allowed. The applicant is ordered to be released on regular bail in connection with FIR No. 11198070250533/2025 registered with Mahuva Rural Police Station, Bhavnagar, on executing a personal bond of Rs. 10,000 with one surety of like amount to the satisfaction of the trial court, subject to conditions including not misusing liberty, not tampering with evidence, and marking presence before the police station once per month for six months. Observations are only for bail purpose and not on merits of trial.
Law Points
- Bail
- Regular bail
- Charge-sheet filed
- No custodial interrogation
- Section 483 BNSS
- Gujarat Land Grabbing (Prohibition) Act
- 2020
