In a recent ruling by the Gujarat High Court, a decision was made to grant bail to John Doe in connection with FIR No.11198070240025 of 2024. The court considered various factors before arriving at this judgment, including the nature of the offense and the applicant’s role. Stay tuned for more insights on this case.
Arguments
- The petitioner, John Doe, filed a petition in the court.
- John Doe’s legal representative argued on behalf of the petitioner.
- The petitioner sought relief under specific sections of the law.
- The court considered the arguments presented by John Doe’s representative.
- The court made a decision regarding the relief sought by the petitioner.
- The respondent argues that the applicant had a motive for the offense, as her husband was killed by the other party.
- The applicant, aged 53, was arrested on 27.03.2024 in connection with the offense.
- The learned APP representing the respondent State waived the service of notice of Rule.
- The application is for regular bail under Section 439 of the Code of Criminal Procedure in connection with FIR No.11198070240025 of 2024.
- The advocate for the applicant seeks bail based on the nature of the offense and the applicant’s role.
- The learned APP contends that the applicant actively participated in the offense by forging documents and making entries in revenue records.
- The respondent argues that the charged offenses are serious, and based on the allegations, no discretion should be exercised.
Analysis
- Three factors needed to be considered by the court: prima facie case, availability of Applicant accused at the time of trial, and tampering with witnesses
- The Applicant accused is not likely to flee away as per the submission of the Advocate
- The Applicant has been in custody since 27.03.2024
- The alleged incident happened on 15.12.2020, but the F.I.R. was lodged on 27.01.2024
- Considering the aforementioned facts, it is deemed that the present application should be allowed
- The court has decided to grant bail to the applicant based on the nature of the allegations in the FIR.
- The court has not delved into the evidence extensively but has found it 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.
- The applicant is required to adhere to certain conditions, including not influencing witnesses or tampering with evidence and abstaining from criminal activities.
Decision
- The applicant will only be released if not required for any other offence.
- The concerned Court can modify or relax the conditions based on the law.
- Bail bond to be executed before the lower court with jurisdiction.
- Sessions Judge can take action if any condition is breached.
- If accused lacks a passport, an Affidavit to be filed stating so.
- Furnish correct address proof to Investigating Officer and Trial Court.
- Provide contact numbers and surety contact numbers to Trial Court.
- Inform the Trial Court immediately of any changes in contact numbers.
- No leaving India without Trial Court’s permission.
- Surrender passport to Trial Court within a week.
- File an affidavit detailing immovable properties before Trial Court, if any.
- Not to be influenced by any observations made in the order during the trial.
Case Title: KALIBEN W/O VALLABHBHAI BAVCHANDBHAI @ BAVBHAI BARAIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8737/2024
