Learn about the recent high court decision from Gujarat granting anticipatory bail to the sister of accused Mayur in a case involving marriage-related allegations. This decision highlights the importance of legal principles and considerations in such cases. Stay informed about the latest developments in the judicial system. #GujaratHighCourt #AnticipatoryBail #LegalCaseSummary
Arguments
- The Learned Additional Public Prosecutor representing the State opposed the grant of anticipatory bail considering the nature and gravity of the offense.
- The prosecutor mentioned that the applicant was in constant touch with a friend of the deceased to convince him not to marry the deceased.
Analysis
- The learned counsel for the parties have been heard.
- The record of the case has been perused.
- Consideration of the facts of the case.
- Considering the nature of allegations made.
- The role attributed to the present applicant is that of being the sister of the accused Mayur.
- The relationship between the accused Mayur and the deceased has been acknowledged.
- The applicant, a female residing in Ahmedabad, is granted anticipatory bail in a case involving allegations of convincing Mayur to marry the deceased.
- There is no evidence showing active participation in harassing the deceased or pressurizing her not to marry Mayur.
- The decision to grant anticipatory bail is based on the law laid down by the Hon’ble Apex Court in cases such as Siddharam Satlingappa Mhetre vs State of Maharashtra and Shri Gurubaksh Singh Sibbia & Ors.
- The applicant will be released on bail upon arrest, with conditions to cooperate with the investigation, not influence witnesses, not obstruct the investigation, provide current address, not leave India without court permission, and deposit passport if applicable.
- The Trial Court is advised not to be influenced by the observations made by the current Court while granting bail.
Decision
- The RPC (Original Name) is disposed of accordingly.
- Direct service is permitted in this case.
- The specific part of the judgement related to RPC (Original Name) is outlined for clarity.
Case Title: HITESHWARI D/O ARVINDBHAI PATEL W/O KUSH JAYESHKUMAR MODI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9413/2024
