In a recent judgment by the Gujarat High Court, the accused has been granted bail in a case involving Section 354 A of the IPC. The decision comes after careful consideration of the facts of the case, nature of allegations, and the accused’s availability during trial. The judgment reflects the court’s adherence to legal principles while balancing the rights of the accused and the gravity of the accusation. Stay informed about this significant legal development.
Arguments
- Learned APP has vehemently opposed the present application for grant of regular bail.
- The age of the victim was merely 6 years at the time of the incident.
- The facts narrated in the FIR clearly make out a case for the offence punishable under Section 354 A of the IPC.
- Learned APP waives service of Rule on behalf of the Respondent State.
Analysis
- The court considered the requirement of a prima facie case as per the decisions of the Hon’ble Supreme Court.
- Factors taken into consideration were the prima facie case, availability of the Applicant accused at the time of trial, and the possibility of tampering with witnesses.
- The Applicant’s counsel argued that the accused is not likely to flee.
- The Applicant has been in custody since 9.8.2023.
- The court reviewed the FIR, police papers, and the previous order of the Sessions Court which denied bail to the Applicant.
- Consideration of facts of the case
- Nature of allegations
- Gravity of accusation
- Availability of Applicant Accused at the time of Trial
- Role attributed to the present Applicant accused
Decision
- The accused is ordered to be released on bail upon executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial court.
- The accused must not influence or tamper with any person acquainted with the facts of the case or the evidence.
- The accused should not enter Vadodara City until the conclusion of the trial, except for attending court.
- The accused must provide contact numbers for themselves and their sureties to the trial court.
- If there is a change in contact numbers, it should be immediately notified in writing to the trial court.
- The accused needs to submit an affidavit detailing their immovable properties to the trial court.
- The accused should not leave India without prior permission from the trial court.
- The accused must surrender any passport to the trial court within a week, if applicable.
- The accused is to maintain law and order and refrain from criminal activities.
- The accused must provide documentary proof of their correct and current address to the investigating officer and trial court and cannot change residences without court permission.
- If the accused does not have a passport, they must submit an affidavit stating so.
- In case of a breach of any bail condition, the trial court is authorized to issue a warrant or take legal action as deemed appropriate.
Case Title: AMIT DINESHBHAI PARMAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6723/2024
