In a recent judgment by the Gujarat High Court, bail has been granted to the Applicants in connection with an economic offence case. The application for bail, under Section 439 of the Code of Criminal Procedure, was allowed after careful consideration of various factors as per the Supreme Court decisions. The Applicants, represented by their lawyer, argued that they are not likely to flee and have a good reputation in society. The Respondent State, through the Learned APP, waived service of rule and did not oppose the bail application. Stay tuned for more updates on this significant legal development.
Facts
- The Applicants have filed for bail under Section 439 of the Code of Criminal Procedure in connection with FIR C.R. No 11821025240056 of 2024.
- Learned APP waived service of Rule on behalf of the Respondent State.
- The Applicants sought enlargement on Regular Bail.
Arguments
- The Applicants have a good reputation in society.
- Keeping the Applicants in jail for an indefinite period serves no useful purpose.
- Arguments from the Learned Advocate for the Applicants emphasized the reputation of the Applicants in society.
- Applicants do not appear to have any antecedents according to the record.
- Learned APP vehemently opposes the application for regular bail citing the nature and gravity of the offence.
- Investigation is complete and the charge-sheet has been filed.
- Applicants are the driver and cleaner of the vehicle from which contraband liquor worth Rs.36.06 lakhs was seized.
- Considering the circumstances, the application for bail deserves consideration.
- Applicants are willing to abide by all conditions imposed if granted bail.
Analysis
- The Court considered factors required for bail application according to Supreme Court decisions.
- Factors included prima facie case, availability of accused at trial, and tampering with witnesses.
- The Applicants’ lawyer argued that the accused is not likely to flee.
- After considering arguments and case details, the bail application was allowed.
- Pre-arrest bail not to be granted easily in economic offences.
- Deterrence factor in economic offences.
- Judicial discretion to be exercised cautiously in economic offences.
- Facts and nature of the offence to be considered for granting bail in economic offences.
Decision
- Applicants will be released forthwith if not required in connection with any other offence.
- Trial Court may grant time to furnish solvency certificate if requested.
- Applicants ordered to be released on bail on executing a personal bond of Rs.10,000/- each with surety.
- Conditions of bail include not tampering with evidence or trying to influence witnesses, providing contact numbers, disclosing immovable properties, not leaving India without permission, surrendering passport if any, maintaining law and order, and providing proof of current address.
- Bail bond to be executed before Trial Court with jurisdiction.
- Trial Court not to be influenced by observations in this order during trial.
- Trial Court free to issue warrant or take action if conditions of bail are breached.
Case Title: VIKASKUMAR RAJMALJI TELI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6687/2024
