In a significant ruling by the Gujarat High Court, regular bail has been granted in connection with an FIR registered at Bavla Police Station. The applicants, who are the accused in this case, had applied for bail under Section 439 of the Code of Criminal Procedure. The judgment highlights the importance of considering the nature of allegations made and the role attributed to the applicants before granting bail. This decision sets an important precedent for similar cases in the future.
Facts
- Learned Additional Public Prosecutor waived service of notice of Rule on behalf of the respondent- State of Gujarat.
Arguments
- The Additional Public Prosecutor representing the respondent-State has opposed the grant of regular bail due to the seriousness of the offence.
- The application for regular bail was made under Section 439 of the Code of Criminal Procedure by the applicants in connection with an FIR registered at Bavla Police Station, District: Ahmedabad (Rural) for offences under various sections of the Prohibition Act.
- The applicants’ advocate argues that considering the nature of allegations and the role attributed to the applicants, they should be granted regular bail with suitable conditions.
Analysis
- Three factors considered by the court: prima facie case, availability of applicants at trial, tampering with witnesses
- Investigation is ongoing
- Applicants are not likely to flee according to their advocate
- Applicants have been in custody since 17.4.2024
- No antecedents found for the applicants
- Court has considered aspects presented by learned advocates but no reasoned order was provided
- Discretion is needed to be exercised in favor of the applicants.
- Considering the nature of allegations made against the applicants in the FIR, regular bail is justified.
Decision
- Applicants granted regular bail in connection with an offence registered with Bavla Police Station, District: Ahmedabad (Rural)
- Applicants must execute a personal bond of Rs.10,000/- each with one surety of the like amount
- Conditions include not leaving Gujarat without prior permission, marking presence at Police Station, providing permanent address, and not entering Ahmedabad city until charge-sheet is filed
- Sessions Judge can take appropriate action in case of breach of conditions
- Court has the authority to modify or relax the conditions as per law
- Trial Court not influenced by preliminary observations made by the Court granting bail
Case Title: RAJESHBHAI S/O DHARAMSHIBHAI MAVAJIBHAI GOHEL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9272/2024
