In a significant development, bail has been granted in FIR C.R. No.11210025240436 of 2024 for the case involving Sanjay Chandra v. The State of Gujarat. This decision marks a crucial moment in the legal proceedings and reaffirms the principles of justice and fairness. Let’s delve deeper into the details of this case and the implications of the High Court’s judgement.
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The FIR is C.R. No.11210025240436 of 2024 registered with Limbayat Police Station, Surat.
- The offence in question is punishable under Sections 195A, 294(B), 506(2), and 114 of the Indian Penal Code.
- The investigation has been completed, and the application is filed post submission of the charge-sheet.
Arguments
- The incident in question occurred on 29 January, 2024.
- The First Information Report (FIR) was filed on 31 January, 2024.
- The applicant was arrested on 27 March, 2024 in connection with the incident.
- Since the arrest, the applicant has been in judicial custody.
- The nature of the offence should be considered in the bail decision.
- The role of the applicant is clearly outlined in the charge-sheet, indicating the application may not be entertained.
- Both parties’ advocates did not request a further reasoned order.
- The nature and gravity of the offence are emphasized by Mr. Patel, the learned APP for the respondent-State.
Analysis
- The applicant’s involvement was disclosed during the investigation.
- No Test Identification parade of the applicant has been conducted.
- The applicant has been in jail since 27 March, 2024.
- Considering the factual aspects, the present application deserves to be allowed.
- The Hon’ble Apex Court cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr have been taken into consideration.
Decision
- The applicant is directed not to enter the territorial jurisdiction of Surat city for a period of one year, except for court proceedings and marking presence before the police station.
- The applicant will be released only if not required for any other offense at the moment.
- If any of the conditions are breached, the Sessions Judge can issue a warrant or take appropriate action.
- The applicant is granted regular bail for FIR C.R. No.11210025240436 of 2024 upon executing a personal bond of Rs.10,000/- with one surety of the same amount.
- Various conditions are imposed including not tampering with evidence, maintaining law and order, providing proof of residence and contact details, surrendering passport if applicable, and not leaving India without permission.
- An additional condition is imposed due to concerns raised by the Investigating Officer regarding threatening witnesses and the complainant.
- The trial court is permitted to delete, modify, or relax any of the conditions as per law.
- The trial court should not be influenced by the observations made by the court at this stage of granting bail, as they are of preliminary nature.
- The rule is made absolute to the aforementioned extent, and the bail bond should be executed before the lower court.
Case Title: PRADIP BADRIPRASAD YADAV Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9434/2024
