In a recent judgment by the Gujarat High Court, the case of The State v. [Applicant Name] involved a plea for anticipatory bail in connection with an FIR registered at Ghogha Road Police Station, Bhavnagar. The offenses alleged against the applicant are under Sections 376(1), 2(n), and 114 of the Indian Penal Code. The applicant’s advocate argued for anticipatory bail citing the nature of allegations and the role attributed to the applicant, while the Learned Additional Public Prosecutor representing the respondent-State opposed the grant based on the seriousness of the offenses. Let’s delve into the details of this significant judgment.
Arguments
- The applicant has filed a petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with FIR registered at Ghogha Road Police Station, Bhavnagar.
- The offences alleged against the applicant are under Section 376(1), 2(n), and 114 of the Indian Penal Code.
- The applicant’s advocate argues for anticipatory bail citing the nature of allegations and the role attributed to the applicant.
- The Learned Additional Public Prosecutor representing the respondent-State opposes the grant of anticipatory bail based on the seriousness of the offences.
- The Court will consider the basic principles laid down by the Hon’ble Supreme Court to guide the decision on bail.
Analysis
- The Court considered various factors while granting bail such as gravity of the accusation, severity of the punishment, danger of accused absconding, etc.
- An elaborate examination of evidence and detailed reasons touching the merit of the case should be avoided at the stage of granting bail, to prevent prejudice to the accused.
- The applicant in this case is not accused of Section 376 and his role is limited to being present when the complainant was introduced to him as the father of the main accused.
- The applicant is a Professor and a Government Employee.
- The Court emphasized on the need to apply basic principles judiciously and strictly while exercising discretion in bail matters.
- The Court considered the arguments of both parties and reviewed the case record
- The nature of allegations and the role attributed to the accused were taken into account
- The Court did not delve into detailed evidence during this stage
- Discretion was exercised in favor of the applicant based on the specific circumstances
- Precedents and relevant laws were also considered in making this decision
- The affidavit of the Investigating Officer, which was before the Trial Court, was taken into account
Decision
- The present petition is allowed, and the applicant is directed to be released on bail.
- The bail amount is set at Rs. 10,000 with one surety of the same amount.
- Conditions for bail include cooperation with the investigation, presence at the Police Station on a specified date, refraining from inducing or threatening any person related to the case, not obstructing the investigation, providing address details, and not leaving India without permission.
- The applicant must surrender the passport if they have one.
- Violation of any bail conditions will result in appropriate action by the concerned Judge.
Case Title: DINKARBHAI HARJIBHAI GAVLI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9490/2024
