In a recent judgment by the Gujarat High Court, regular bail has been granted in the case related to FIR C.R. No.11208002240023/2024. An amicable settlement was reached between the parties, as evidenced in the written agreement by the complainant. The Court, after considering the investigation findings and chargesheet, decided to allow the bail application, taking into account the nature of the allegations. The judgment is a significant development in the case of the firing incident, where no injuries were sustained by the complainant. #LegalJustice #BailGranted #GujaratHighCourt
Facts
- Learned APP waived service of notice of rule for the State of Gujarat.
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11208002240023/2024 registered with the Ajidam Police Station, Rajkot.
- The offences mentioned in the FIR are punishable under Section 307 of the Indian Penal Code, Section 25(1-b)(a) of the Arms Act, and under Section 135 of the Gujarat Police Act.
Arguments
- Investigation is completed and chargesheet has been submitted before the court.
- An amicable settlement has been reached between the applicant and the complainant.
- The complainant filed an affidavit confirming the settlement.
- The incident took place on 11.01.2024, with the FIR lodged on 12.01.2024.
- Applicant was arrested on 02.02.2024 and has been in judicial custody since then.
- The prosecution alleges the applicant attempted to fire upon the complainant but the gun had a technical fault.
- No injuries were sustained by the complainant.
- A bail application has been filed requesting regular bail with suitable conditions.
- The learned Advocate for the respondent-State has opposed the grant of regular bail based on the nature and gravity of the offence.
- It is argued that the role of the present applicant is clearly outlined in the chargesheet and, therefore, the bail application should not be entertained.
- Both advocates representing the parties have not requested a detailed order and do not press for further arguments.
Analysis
- An amicable settlement has been reached between the parties, as evidenced by a written agreement by the complainant.
- The application for bail is being considered after the completion of the investigation and submission of the chargesheet. The applicant has been in jail since 02.02.2024.
- The investigation revealed that the firing incident occurred due to a technical fault in the gun, resulting in no injuries sustained by the complainant.
- Consideration of the role attributed to the present applicant at the time of the commission of the crime.
- The present application deserves to be allowed based on the factual aspects.
- The law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr. has been taken into consideration.
- Examining the facts and circumstances of the case.
- Considering the nature of the allegations made against the applicant in the FIR.
- The Court has decided to exercise discretion and grant the applicant regular bail.
- The present application for bail has been allowed.
Decision
- Applicant is ordered to be released on regular bail in connection with FIR C.R. No. 11208002240023/2024
- Personal bond of Rs. 15,000/- with one surety of the like amount is required to be executed to the satisfaction of the trial Court
- Conditions include not misusing liberty, not acting against prosecution’s interest, surrendering passport, not leaving Gujarat without permission, marking presence at the Police Station monthly, and providing current address
- Court has the discretion to modify or remove any of the imposed conditions
- If conditions are breached, the concerned Sessions Judge can issue a warrant or take necessary action
- Observations made by this Court on evidence during bail are not to influence the trial Court
- Rule is made absolute to the stated extent
Case Title: ALTAFBHAI HANIFBHAI THAIM Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8283/2024
