In a significant verdict, the Gujarat High Court has pronounced its judgment on the Anticipatory Bail Application related to C.R.No.I-11210030231153 of 2023. Despite opposition, the court decided to grant bail, showcasing a balanced approach towards legal proceedings. This decision marks a crucial moment in ensuring justice for the involved parties.
Facts
- The petitioner has filed a petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with the FIR registered at Mahidharpura Police Station, Surat.
- The petitioner has requested to be released on anticipatory bail to avoid arrest in the case.
- The FIR registered against the petitioner is C.R.No.I-11210030231153 of 2023.
- The bail is being sought to prevent any potential arrest in relation to the mentioned FIR.
- The petition is being reviewed under the provisions of anticipatory bail as per the Code of Criminal Procedure, 1973.
Arguments
- Learned Additional Public Prosecutor opposed grant of anticipatory bail
- Nature and gravity of the offence were cited as reasons for opposition
- Inclination to exercise discretion in favor of the petitioner despite opposition
Analysis
- Undertaking filed to show bonafide without prejudice
- Undertaking to pay Rs.3,00,000 within 6 months from date of court order
- Consideration of bail application requires discretion to be exercised judiciously and strictly in compliance with legal principles.
- Factors to be considered for bail include prima facie evidence of the offense, nature and gravity of accusation, severity of potential punishment, risk of accused absconding, character and behavior of accused, likelihood of offense being repeated, potential witness influence, and risk to justice.
- Elaborate examination of evidence and detailed reasons touching on the merit of the case should be avoided at the bail-granting stage to prevent prejudice against the accused.
- Decision in favor of the petitioner is based on the legal principles from the Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. case.
- The petition is allowed, directing that the applicant will be released on bail upon arrest.
- Bail amount set at Rs. 10,000 with one surety of like amount.
- Conditions for bail include cooperation with investigation, availability for interrogation, and presence at the Police Station on specified dates.
- Restrictions on making inducements, threats, or promises, obstructing investigation, or tampering with evidence.
- Requirement to furnish address at the time of bond execution.
Decision
- The petitioner has filed an undertaking dated 25.04.2024 before the court.
- Direct service is permitted.
- The petitioner must not change residence until the final disposal of the case.
- The petitioner must not leave India without permission from the trial court and must deposit the passport with the trial court within a week if they have one.
- If the petitioner breaches any of the conditions, the concerned learned Judge can take appropriate action.
- The petitioner undertakes to deposit any stipulated amount with the court before the deadline.
- At the trial, the Trial Court is not bound by the prima facie observations made by this Court during granting bail.
- The Trial Court has the authority to delete, modify, or relax any of the above conditions as per the law.
Case Title: MUKESH RAMSAHAY BIRLA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/3325/2024
