In the recent judgment by the Gujarat High Court, bail has been granted to the applicant in the case of State v. [Applicant]. The court considered various factors like prima facie case, the applicant’s availability at trial, and the possibility of witness tampering. Let’s delve into the details of this significant legal development!
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with FIR No. 11993003230474 of 2023.
- FIR registered with Anjar Police Station, District Kachchh (East) Gandhidham.
Arguments
- The APP for the respondent State argues that the applicant actively participated in the offense by assaulting the deceased with a wooden log.
- The APP emphasizes the seriousness of the charged offenses and asserts that no discretion is needed due to the role attributed to the applicant.
- Both parties’ advocates were heard, and the investigation papers were reviewed.
- The applicant’s advocate requests bail for the applicant based on the nature of the offense and the attributed role.
Analysis
- Three main factors considered by the court: prima facie case, availability of Applicant accused at trial, tampering with witnesses.
- Defense argument that Applicant accused is not likely to flee.
- Incident involved scuffle resulting in victim being assaulted with wooden logs.
- Applicant not subjected to Test Identification Parade, lacking material connecting them to the offense.
- Based on above, court finds present application deserving to be allowed.
- The Applicant has been in custody since 15.05.2023.
- The judgment cites the case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40 as a reference point.
- Without delving into the evidence in detail, the Court believes that this is a suitable case for granting bail.
- The Applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- along with one surety of the same amount.
- Conditions for bail include refraining from influencing witnesses, maintaining law and order, providing proof of current address, and not changing residence without court permission.
Decision
- The authorities will release the applicant only if he is not needed for any other offense at the moment.
- If any of the conditions are breached, the Sessions Judge can issue a warrant or take necessary action.
- The concerned Court has the discretion to modify or remove any of the conditions as per the law.
- The trial Court should not be swayed by the prima facie observations in this order.
- The bail bond should be executed before the lower court handling the case.
- The applicant should not leave India without the Trial Court’s permission and surrender any passport within a week.
- An affidavit regarding immovable properties must be filed with the Trial Court, indicating whether they are self-acquired or ancestral.
- Direct service is allowed to the Trial Court, and any changes in contact numbers should be immediately communicated in writing.
- If the accused does not have a passport, they must submit an affidavit confirming this.
Case Title: NIKHIL NARANBHAI PARIYA (MAHESHWARI) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6268/2024
