In a recent judgment by the Gujarat High Court, bail has been granted to the accused involved in the attempted arson case. The court considered various factors, including the Supreme Court decisions and the nature of allegations made in the FIR. Stay tuned to learn more about this ruling. #HighCourt #BailGranted #LegalJudgment
Facts
- Learned APP waives service of notice of Rule on behalf of the respondent-State.
Arguments
- The learned APP for the respondent State argues that the offences charged are serious in nature.
- The APP emphasizes that no discretion is required to be exercised considering the facts and allegations against the applicants.
Analysis
- The investigation is concluded and the Charge-sheet has been filed.
- The prosecution’s case involves an attempt to set the victim ablaze, with one accused pouring kerosene on her and another trying to ignite her with a matchstick.
- Fortunately, the victim did not suffer any injuries as the attempt was unsuccessful.
- Considering the above facts, the present application is deemed worthy of consideration.
- The aspects considered by the court include the Supreme Court decisions, the likelihood of the accused fleeing, and the fact that the accused have been in custody since 11.01.2024.
- Three main factors to be assessed by the court are the prima facie case, the availability of the accused at the time of trial, and the potential for tampering with witnesses by the accused.
- The Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. has laid down the law.
- The nature of allegations made in the FIR has been considered.
- The Court is of the opinion that it is a fit case to grant bail to the applicants.
- The applicants are ordered to be released on bail upon execution of a bond of Rs. 10,000 each with one surety of the like amount.
- Conditions for bail include not tampering with evidence, maintaining law and order, providing correct address proof, and not changing residence without permission.
Decision
- Accused without passport must file an Affidavit stating such.
- Applicants will only be released if not required in connection with any other offense at the moment.
- Sessions Judge can issue a warrant or take appropriate action if any conditions are breached.
- Affidavit on immovable properties must be filed before the Trial Court.
- Permission from Trial Court needed before leaving India.
- Passport, if any, to be surrendered to Trial Court within a week.
- Inform Trial Court immediately of any changes in contact numbers.
- Bail bond to be executed before the lower court with jurisdiction.
- Concerned Court has the authority to modify or relax conditions accordingly.
- Trial Court should not be influenced by the observations made in this order during the trial.
Case Title: GULAMHUSEN AHMADBHAI VANZARA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8751/2024
