In a recent judgment by the Gujarat High Court, bail has been granted to the accused in a mobile phone theft case. The court considered the seriousness of the offences and allegations against the accused, who stands accused of looting a mobile phone and cash from the first informant. The stolen items have been recovered, and stringent conditions have been imposed on the accused upon release on bail. Let’s delve into the details of this significant legal development.
Facts
- The learned APP waived service of notice of Rule on behalf of the respondent-State.
Arguments
- Learned advocate for the applicant argues that considering the nature of the offence and role attributed to the applicant, he may be granted regular bail.
- The advocate suggests that suitable conditions can be imposed if bail is granted.
- The argument is based on the belief that the applicant is eligible for bail based on the circumstances of the case.
- The offences charged against the applicant are serious in nature.
- No discretion is required to be exercised based on the facts and allegations.
- The learned APP for the State argued that there are other criminal antecedents against the applicant.
Analysis
- The role attributed to the present applicant is looting a mobile phone worth Rs.5,000 and cash Rs.1,500 from the first informant.
- According to the Police Report, the stolen items have been recovered.
- The seriousness of the offences and allegations against the present applicant has been taken into consideration.
- The court has heard the arguments presented by the advocates for both parties.
- Three main factors to be considered by the court: prima facie case, availability of Applicant accused at the time of trial, tampering and hampering with witnesses by the accused.
- Applicant’s advocate argues that the accused is not likely to flee.
- Applicant has been in custody since 14.04.2024.
- Refers to the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. reported in (2012) 1 SCC 40.
- Court states it is not going into details of evidence but prima facie considers the nature of allegations in the FIR.
Decision
- The applicant is allowed bail in connection with the FIR upon executing a bond of Rs.10,000/- with one surety of the like amount.
- Various conditions are imposed on the applicant upon release on bail, including providing information about immovable properties, not leaving India without court permission, surrendering passport (if any), and not engaging in criminal activities.
- The applicant is prohibited from tampering with evidence or influencing witnesses related to the case.
- The applicant must provide correct address details to the Investigating Officer and the Trial Court, and inform about any change in contact details immediately.
- The lower court where the case is being tried is responsible for executing the bail bond and has the authority to modify the conditions as per the law.
- The trial court is advised not to be swayed by the observations made in the current order during the trial.
Case Title: VISHALBHAI KAUSHALBHAI SHUKLA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9472/2024
