The Gujarat High Court has granted anticipatory bail in connection with FIR C.R. No.I–11211005240106 of 2024 registered with Patdi Police Station, Surendranagar. The applicant must comply with specified conditions and cooperate with the investigation process. This decision comes after considering the law laid down by the Hon’ble Apex Court, ensuring justice and adherence to legal procedures. Stay tuned for more updates on this case! #GujaratHighCourt #LegalJudgement #AnticipatoryBail
Facts
- Ms. Ashmita Patel, representing the respondent-State, waives service of notice of Rule.
- This waiver indicates the respondent-State’s agreement or compliance with the Rule.
- The respondent-State acknowledges receipt of the Rule and does not require formal service of the notice.
Arguments
- The applicant-accused has filed for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
- The bail is sought in connection with FIR C.R. No I – 11211005240106 of 2024 at Patdi Police Station, Surendranagar.
- The offences in the FIR are punishable under Sections 323, 504 of IPC, Sections 3(1)(r), 3(1)(s) of the Atrocities Act, and Section 135 of the Gujarat Police Act.
- Learned advocate Mr. Gateshaniya represents the applicant and argues that custodial interrogation is unnecessary at this stage.
- Mr. Gateshaniya assures that the applicant will cooperate during the investigation and trial, and will not abscond.
- Learned Additional Public Prosecutor opposed grant of anticipatory bail.
- Opposition based on nature and gravity of the offence.
- Learned advocate Ms. Pathak also opposed the application.
- Request made to reject the present application.
Analysis
- No serious injuries were reported in the medical certificate.
- No statement of independent persons was recorded supporting the case of the complainant.
- No antecedents were reported by the learned APP.
- The Court considered the case of the applicant based on the facts and circumstances of the present case.
- The Court referred to the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., [2011] 1 SCC 694.
- The Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, (1980) 2 SCC 565.
- As a result of the considerations, the present application was allowed by the Court.
Decision
- The applicant is granted anticipatory bail in connection with FIR C.R. No.I–11211005240106 of 2024 registered with Patdi Police Station, Surendranagar.
- The applicant must execute a personal bond of Rs.10,000/- with one surety of like amount.
- Conditions include cooperation with the investigation, availability for interrogation, and appearance at the Police Station on a specified date.
- The applicant is prohibited from influencing witnesses, obstructing the investigation, or leaving India without permission.
- The Investigating Officer can apply for remand if deemed necessary, and the applicant must comply with the court’s directions in such cases.
- The trial court should not be influenced by prima facie observations made by the present order.
- Direct service is permitted, and the applicant must be set free immediately after any period of police remand, subject to other conditions.
Case Title: MORI JAYDEVBHAI LALJIBHAI Vs. STATE OF GUJARAT
Case Number: R/CR.A/1068/2024
