In a recent development, the Gujarat High Court has granted bail to the accused in a serious offence case. The court took into account the gravity of the allegations and the applicant’s role in the alleged conspiracy. This decision comes after careful consideration of the evidence presented in the case. Stay tuned for more updates on this significant legal development.
Facts
- Learned APP waived service of notice of Rule on behalf of the respondent-State.
Arguments
- The offences charged against the applicant are serious in nature.
- The allegations suggest no need for discretion in this case.
- The respondent State claims the applicant was a key part of the conspiracy to eliminate the deceased.
- The applicant has past criminal antecedents for similar offences.
- The applicant introduced the contract killer involved in the conspiracy.
- The applicant played an active role in the commission of the offence.
Analysis
- The seriousness of the offences and allegations against the applicant warrant consideration for allowing the present application.
- Doubt exists regarding the role attributed to the present applicant in the commission of the offence.
- Investigation is concluded, and the charge-sheet has been filed.
- The applicant allegedly introduced the contract killer, Harsh, to the co-accused Kalpesh at an egg eatery, according to the prosecution’s case.
- The introduction may have actually been done by the co-accused Kalpesh himself.
- Three factors, namely prima facie case, the presence of the applicant at the trial, and the possibility of tampering with witnesses by the accused, need to be considered according to Supreme Court decisions.
- The applicant’s advocate argues that the applicant is unlikely to flee, presenting a point in the applicant’s favor.
- No other overt acts are directly attributed to the present applicant in the case.
- The Applicant has been in custody since 05.02.2024
- Referring to the case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40, the nature of allegations in the FIR is taken into consideration
- The evidence has not been discussed in detail in this context
- The decision does not delve into the specifics of the case
Decision
- The applicant is ordered to be released on bail in connection with the FIR upon executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court.
- Various conditions have been imposed on the applicant as part of the bail agreement.
- These conditions include providing an affidavit with details of immovable properties, not leaving India without prior permission, surrendering passport if applicable, not influencing witnesses or tampering with evidence, maintaining law and order, providing proof of residence, and sharing contact details with the Investigating Officer and Trial Court.
- The Court has the discretion to modify or relax any of these conditions as per the law.
- If the applicant does not possess a passport, they must file an affidavit to that effect.
- The authorities are instructed to release the applicant only if they are not required in relation to any other offense.
- In case of breaching any of the conditions, the Sessions Judge has the authority to issue a warrant or take appropriate action.
- The trial Court is advised not to be influenced by the observations made in the present order during the trial.
Case Title: TUSHAR @ TULSI KESHAVBHAI PARGHI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10728/2024
