In a recent judgment by the Gujarat High Court, bail has been granted to the accused in connection with F.I.R. CR No. 11210015230242 of 2023. The Court’s decision marks a significant development in the case and offers relief to the accused. This decision showcases the judicial process at work in ensuring justice for all parties involved.
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The FIR being C.R. No.11210015230242 of 2023 is registered with the D.C.B. Police Station, Surat.
- The offences mentioned in the FIR are punishable under Sections 420, 465, 467, 468, 471, 120-B, 201 and 34 of the IPC.
- The learned APP waives service of notice of rule for and on behalf of the respondent-State.
Arguments
- The applicant-accused was arrested on 19.04.2024 and has been in jail since then.
- The role attributed to the applicant-accused is that he obtained GST details of the complainant’s firm from a co-accused and then sold it for monetary benefits.
- No other allegations have been made against the applicant-accused.
- The prosecution’s case relies on documentary evidence already collected by the investigating officer.
- All offenses are exclusively triable by the court of Magistrate.
- The applicant-accused seeks bail on suitable terms and conditions.
- Learned APP has submitted that this is a fit case where discretionary power of the Court is not required to be exercised in favor of the applicant-accused.
- The learned advocates for both parties do not press for a further reasoned order.
- The Court has considered the role attributed to the applicant-accused and the allegations against them.
- No further discretionary power needs to be exercised in favor of the applicant-accused based on the arguments presented by the learned advocates.
Analysis
- Applicant-accused has been in jail since 19.04.2024.
- Co-accused persons with similar roles have already been granted bail by the Court.
- The present offence is a Magistrate Triable Offence.
- Sanjay Chandra, Director of Unitech Limited, and Gautam Doshi, Group Managing Director of Reliance Anil Dhirubhai Ambani Group, were both charged in the 2G Spectrum case.
- Sanjay Chandra was accused of being involved in corrupt practices and bribery to secure 2G licences for Unitech Wireless Group.
- Gautam Doshi was alleged to have conspired with A. Raja, the then Telecom Minister, to cheat the Department of Telecommunications.
- Both Sanjay Chandra and Gautam Doshi approached the Supreme Court seeking bail.
- The CBI opposed their bail applications, stating that they were influential persons and could tamper with evidence if released on bail.
- The Supreme Court considered their bail applications and denied bail to both Sanjay Chandra and Gautam Doshi, citing the seriousness of the charges against them.
- The court found that considering the nature of allegations in the FIR, the applicant is eligible for regular bail.
- Without delving into detailed evidence, the court exercised its discretion to grant bail.
- The court deemed it a fit case for the applicant to be released on bail.
Decision
- The applicant is ordered to be released on regular bail in connection with the FIR CR No. 11210015230242 of 2023 registered with the D.C.B. Police Station in Surat.
- The bail amount is set at Rs. 15,000/- along with one surety of the same amount to be provided to the satisfaction of the trial Court.
- The applicant must adhere to several conditions including not misusing liberty, not acting against the prosecution’s interest, surrendering passport within a week, seeking permission before leaving Gujarat, marking presence at the Police Station every alternate Monday, providing current address to Investigating Officer and the Court, and not changing residence without prior permission.
- The applicant will only be released if not required in connection with any other offence at that time.
- In case of breaching any conditions, the Sessions Judge is authorized to issue a warrant or take appropriate action.
- The bail bond must be executed before the lower Court having jurisdiction over the case.
Case Title: BHAVESH @ MUSO @ BUSO KESHUBHAI KAKADIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9141/2024
