In a significant development, the Gujarat High Court has granted bail in the case of State v. [Applicant]. The court ruled in favor of the Applicant who had been in custody since 17.02.2024. The decision, which comes with strict conditions, marks a crucial moment in the legal proceedings surrounding the case. Stay informed about the latest updates on this important judgment.
Facts
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11198035240105 of 2024.
- Learned APP waives service of notice of Rule on behalf of the respondent-State.
Arguments
- Learned advocate for the applicant argues for regular bail with suitable conditions considering the nature of the offense and role attributed to the applicant.
- APP for the respondent State strongly opposes bail, citing CCTV footage showing the applicant’s presence at the scene of the offense, indicating active involvement.
- Two criminal antecedents exist against the applicant, making the offenses serious in nature according to the learned APP.
- After hearing both sides and reviewing the investigation papers, the judge will need to consider the arguments before making a decision.
- The learned Advocate for the Applicant submitted that the Applicant Accused is not likely to flee away.
Analysis
- Three main factors considered by the court: prima facie case, availability of Applicant accused at the time of trial, and tampering with witnesses.
- The only role attributed to the Applicant is breaking open the door of the female ward in the hospital.
- No other overt acts are attributed to the Applicant in the charge-sheet.
- The Applicant has been in custody since 17.02.2024.
- Considering the nature of allegations in the FIR, the Court feels this is a fit case for bail.
- The Applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the same amount.
- Conditions of bail include not influencing witnesses or tampering with evidence, maintaining law and order, providing proof of current address, submitting contact numbers to the Court, disclosing property details, not leaving India without permission, surrendering passport if applicable, and informing the Court of any contact number changes.
Decision
- The applicant must not enter areas of Mahuva police station until the trial is completed, except for attending trial proceedings.
- The applicant will only be released if not required for any other offenses at the time.
- If any of the conditions are breached, the Sessions Judge can issue a warrant or take appropriate action.
- The bail bond should be executed before the lower court having jurisdiction over the case.
- Direct service is permitted according to the court ruling.
- The trial court should not be influenced by the prima facie observations of this Court during the trial.
Case Title: DHRUV HARESHBHAI DHAPA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/11203/2024
