In a significant ruling by the Gujarat High Court, bail has been granted to the accused in the case of State v. Accused. The court took into account the nature of the allegations and the applicant’s history before making the decision. This summary highlights the key points of the judgment. #GujaratHighCourt #LegalJudgment
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- This part of the judgment pertains to the waiver of service of notice of Rule by the learned APP on behalf of the respondent-State.
Arguments
- The respondent State strongly opposes the bail application.
- The respondent mentions that the applicant has a history of 15 antecedents, with 8 resulting in acquittals.
- Additionally, the applicant faces charges under the GUJCTOC Act.
- The respondent argues that the nature of the offences and the established involvement of the applicant do not warrant granting bail.
Analysis
- The investigation is concluded and charge-sheet has been filed.
- One pistol and eight cartridges were recovered from the other co-accused, allegedly supplied by the present applicant.
- The present application is deemed deserving of being allowed based on the attributed role of the present applicant.
- Three main factors required to be considered by the court: prima facie case, availability of the Applicant accused at the time of trial, and tampering and hampering with witnesses by the accused.
- The Applicant Accused is not likely to flee away as per the submission of the learned Advocate.
- The Applicant has been in custody since 10.03.2024.
- The court considered the nature of allegations made in the FIR and decided to grant bail to the applicant.
- The Hon’ble Apex Court’s decision in the case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40 was cited and followed.
- The applicant is ordered to be released on bail upon executing a bond of Rs. 10,000/- with one surety of the same amount.
- The applicant must adhere to certain conditions such as not attempting to influence witnesses or tamper with evidence, maintaining law and order, and providing proof of residence without changing it without the court’s permission.
Decision
- Accused must file an affidavit if they do not possess a passport.
- Affidavit stating immovable properties with details to be filed before the Trial Court.
- Accused cannot leave India without prior permission from the Trial Court.
- If the accused has a passport, they must surrender it to the Trial Court within a week.
- Bail bond to be executed before the lower court having jurisdiction.
- Accused shall not enter specified areas till the conclusion of the trial.
- Contact numbers of accused and sureties to be provided to the Trial Court.
- Immediate written notification required for any changes in contact numbers.
- Release of the accused is subject to not being required in connection with any other offence.
- Sessions Judge can take action in case of breach of conditions.
- The concerned Court has the authority to modify or relax the conditions as per the law.
- Trial Court must not be influenced by any observations made by the higher court during the trial.
Case Title: EJAJ @ EJU FARUKBHAI BLOCH (MAKRANI) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8630/2024
