In a recent judgment, the Gujarat High Court granted anticipatory bail to the petitioner in relation to FIR C.R. No. 11210069240137 of 2024. This significant ruling upholds the principles of justice and ensures protection for individuals entangled in legal proceedings. The decision reflects the court’s commitment to fair treatment of individuals like the petitioner.
Facts
- The petitioner has filed a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the FIR registered at Althan Police Station, Surat.
- The FIR in question is C.R. No. 11210069240137 of 2024.
- The petitioner is seeking anticipatory bail to prevent his arrest in relation to this FIR.
- The request for anticipatory bail is made to ensure that the petitioner is not taken into custody.
Arguments
- Learned Additional Public Prosecutor opposed grant of anticipatory bail due to nature and gravity of the offence.
- Nature of allegations and role attributed to the accused were considered before making a decision.
- The judge inclined to exercise discretion in favor of the petitioner, taking into account various factors.
- Learned advocate for the petitioner submits that the petitioner is ready and willing to abide by any conditions imposed by the Court.
- The Court must exercise its discretion judiciously, cautiously, and strictly in compliance with principles laid down by the Hon’ble Apex Court.
Analysis
- No specific role of the petitioner in the commission of the crime is revealed prima facie.
- Factors to be considered for bail include prima facie evidence of the accused committing the offense, nature and gravity of the accusation, severity of punishment, risk of fleeing, character of the accused, likelihood of offense being repeated, witness tampering, and risk to justice.
- Detailed examination of evidence and reasons at the bail stage should be avoided to prevent prejudice to the accused.
- Discretion in favor of the petitioner is based on legal principles from cases like Siddharam Satlingappa Mhetre vs. State of Maharashtra, Shri Gurubaksh Singh Sibbia & Ors. vs. State of Punjab, and Sushila Agarwal vs. State (NCT of Delhi).
Decision
- The present petition is allowed directing that if the applicant is arrested pursuant to FIR C.R.No.11210069240137 of 2024, registered with Althan Police Station, District – Surat, the petitioner shall be released on bail.
- The bail amount is set at Rs. 10,000 with one surety of the same amount.
- List of conditions for the bail includes cooperation with the investigation, availability for interrogation, presence at the Police Station on specific dates, refraining from influencing witnesses, not obstructing the investigation, providing a current address, surrendering the passport if applicable, and restrictions on leaving Gujarat except for court appearances.
- The trial court has the authority to modify or relax the bail conditions as per the law.
- The Trial Court is instructed not to be influenced by the observations made by the High Court while granting bail.
- Direct service of the order is permitted.
Case Title: SANJIV @ CHANCHAL SURENDRA BAHADUR SINGH RAJPUT Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7563/2024
