A significant ruling has been delivered by the Gujarat High Court in the case of Sushila Agarwal vs. State (NCT of Delhi). The Court has granted bail, marking a crucial moment in the legal proceedings. This judgement carries considerable weight in the realm of justice and fairness.
Arguments
- Learned advocate for the petitioner assures the Court that the applicant will cooperative with the investigation.
- The Additional Public Prosecutor opposed grant of anticipatory bail due to the nature and gravity of the offence.
- The Court must judiciously consider the basic principles laid down by the Hon’ble Apex Court.
- Factors to consider for bail application include nature of accusation, severity of punishment, likelihood of the offence being repeated, etc.
- An elaborate examination of evidence at the bail stage should be avoided to prevent prejudice to the accused.
Analysis
- The learned counsel for both parties were heard
- The case record was perused
- Considering the nature of allegations and role attributed to the accused
- Evidence was not discussed in detail at this stage
- Discretion was inclined towards the petitioner
- The Supreme Court reiterated the law laid down in the case of Shri Gurubaksh Singh Sibbia & Ors. vs. State of Punjab (1980) 2 SCC 665.
- The Court considered the law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi) [(2020) 5 SCC 1].
- The discretion in favour of the petitioner was exercised by the Court with consideration of the law laid down in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.
Decision
- The petitioner is directed to be released on bail upon arrest.
- Conditions for bail include cooperating with the investigation, appearing at the Police Station on specified dates, refraining from influencing witnesses, not obstructing the investigation, providing address details, and not leaving India without court permission.
- Any breach of the conditions will result in appropriate action by the court.
Case Title: BAROT HITESHKUMAR PRAMODBHAI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/5949/2024
