In a recent judgment by the Gujarat High Court, bail has been granted to ARG_PETITIONER in connection with the FIR registered at Navsari Mahila Police Station. This decision marks a significant development in the ongoing legal proceedings involving the applicant and the State. Stay tuned for more updates on this case.
Facts
- Application filed for regular bail under Section 439 of the Code of Criminal Procedure for FIR registered as C.R.No.11822001210008 of 2021
- Offences charged under Sections 498(A), 323, and 114 of the Indian Penal Code
- Mother and younger brother of the applicant were granted bail, but the applicant (husband of the complainant) was denied bail due to the gravity of the alleged offences
- Applicant arrested on 07.04.2024 after the NBW was served
- Accused filed a bail application which is registered as Cr.M.A. No.339 of 2024
- Non-bailable warrants issued on multiple occasions in absence of the applicant, mother, and brother
Arguments
- The learned APP opposes the grant of bail citing the nature and gravity of offences.
- The advocate for the respondent-complainant objects, stating that the applicant has not paid the remaining amount as per the compromise.
- The applicant is arraigned as accused no.1.
- The nature of the offence and the trial progress were considered while exercising discretion in favor of the applicant.
- The applicant made a payment of Rs. 2,90,000 as part of the compromise and is ready to act further.
- The trial is at the verge of final arguments.
- The learned advocate Mr. M.B. Rana informed the Court about Mr. Mayur Dhameliya representing the original complainant.
- The original complainant’s appearance is to be filed by Mr. Mayur Dhameliya.
- Observations of the trial court and the negotiation of a compromise during the trial were considered.
- The applicant, along with his mother and younger brother also accused, were released on bail.
- The trial is nearing final arguments.
- The applicant, ARG_PETITIONER, seeks regular bail with suitable conditions due to the nature of the offence.
- ARG_PETITIONER assures to comply with any strict conditions set by the Court.
Analysis
- Based on the facts and circumstances of the case
- Considering the nature of allegations in the FIR
- Prima facie, the Court finds it fit to grant bail to the applicant
- The discretion to enlarge the applicant on bail is exercised
Decision
- The applicant is ordered to be released on bail in connection with the FIR registered at Navsari Mahila Police Station.
- The bail amount is set at Rs.10,000 with one surety of the same amount to be provided to the satisfaction of the trial court.
- Conditions for bail include not misusing liberty, not obstructing the trial, surrendering passport if any, not leaving India without permission, appearing on all trial dates, providing current address, and not committing any breach of specified conditions.
- The applicant will only be released if not required in connection with any other offence.
- An amount of Rs.10,50,000 was agreed to be paid to the original complainant.
- The application for bail is allowed, and the bail bond is to be executed before the lower court.
- The Sessions Judge can take action in case of breach of any bail conditions.
Case Title: HARKIRATHSINH PRITAMPALSINH OSHAN Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9432/2024
