In a recent ruling by the Gujarat High Court, an anticipatory bail application in the case of Rama Creation vs. State of Gujarat has been granted. The applicant, the only earning member of their family, was embroiled in a misunderstanding involving payments while working as a manager at Rama Creation. This judgment serves as a significant step towards justice and upholding the rights of individuals in legal matters.
Facts
- Applicant has applied for anticipatory bail under Section 438 of the Code of Criminal Procedure.
- Applicant claims innocence and explains that the goods were sold to the firm of the complainant himself, Rama Creation.
- The goods were further sold to various parties as per the complainant’s instructions and payment was received through cheques.
- The allegations in the FIR are deemed vague and unsubstantiated, suggesting a need for civil litigation if necessary.
Arguments
- The applicant is the only earning member in the family.
- The FIR against the applicant is a misconception and with mala fide intention.
- The applicant was working as a manager with ‘Rama Creation’ and the issue involves monetary aspects of payments.
- The nature and gravity of the offense have been considered by both parties.
- After hearing the arguments and perusing the record of the case, the court is inclined to grant anticipatory bail to the applicant.
Analysis
- The Court considered the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs State of Maharashtra and Ors.
- The Hon’ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors.
- These cases provided important legal precedents that were taken into consideration by the Court.
Decision
- The present application is allowed, and the applicant will be released on bail upon arrest pursuant to FIR registered at Varachha Police Station, Surat.
- Bail amount is set at Rs.10,000/- with one surety of like amount.
- Conditions for bail include cooperation with the investigation, remaining present at the Police Station on a specified date, refraining from influencing witnesses, not obstructing the investigation, providing current address information, and not leaving the country without court permission.
- The Trial Court should not be influenced by the prima facie observations made by the Court while granting bail at the trial stage.
Case Title: SHYAMSUNDER NANDKISHOR RATHI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9050/2024
