In a recent judgment, the Gujarat High Court has granted transit anticipatory bail to the applicant in connection with a FIR filed at Girwai Police Station. The applicant, represented by advocate Mr. Bakul S. Panchal, sought temporary protection against serious offenses mentioned in the FIR. The respondent-State, represented by learned APP Mr. H.K. Patel, opposed the application citing the gravity of the alleged offense. The Court’s decision to grant transit anticipatory bail signifies a crucial interim relief in this intense legal battle.
Facts
- The FIR accuses the applicant of committing serious offences under the IPC.
- The applicant seeks transit anticipatory bail in connection with FIR No.0100 of 2024.
- The offences mentioned in the FIR include sections 376-D, 354(C), 377, 328 and 384 of the IPC.
- The applicant has approached the court seeking relief in the form of transit anticipatory bail.
Arguments
- Learned advocate Mr. Bakul S. Panchal submits that the original complainant falsely implicated the applicant to coerce him into stepping back as a witness in another criminal case.
- The allegations against the applicant are baseless and have no merit.
- The advocate urges for temporary protection for the applicant until filing an appropriate application before the court.
- The applicant is being targeted solely due to being a witness in a case against the original complainant, not due to any involvement in the alleged offense.
- The inclusion of the applicant’s name in the FIR is deemed malicious and an attempt to obstruct justice.
- Learned APP Mr. H.K. Patel representing the respondent-State opposes the submissions of the applicant’s advocate.
- The learned APP emphasizes the gravity of the alleged offense mentioned in the FIR.
- The learned APP urges the Court to dismiss the present application based on the seriousness of the offense.
Analysis
- The applicant is a resident of Ahmedabad City facing an FIR registered at Girwai Police Station, District-Gwalior, Madhya Pradesh.
- The learned advocate representing the applicant has been heard.
- Further analysis of the arguments and evidence presented in court.
- The applicant’s apprehension is evident from the FIR where he is arraigned as accused no.2.
- Rejection of the plea for limited/transitory anticipatory bail solely based on territorial jurisdiction may lead to a miscarriage of justice.
- It could worsen the situation for the accused who is fearing arrest.
Decision
- The applicant is granted transit anticipatory bail for 7 days in connection with the FIR registered at Girwai Police Station.
- The FIR pertains to offences under sections 376-D, 354(C), 377, 328, and 384 of the Indian Penal Code.
- The applicant is directed to approach the Competent Court for obtaining anticipatory bail within the stipulated time.
- Failure to apply for anticipatory bail will result in automatic cancellation of the transit anticipatory bail granted by this Court.
Case Title: UKARANI GIRISH DEVIDAS Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9365/2024
