In a recent ruling by the Gujarat High Court, bail has been granted to the accused in connection with FIR C.R. No. 11197047230494/2023. The judgment comes after a thorough consideration of the circumstances surrounding the case. This decision marks a crucial milestone in the legal proceedings for the accused involved in the matter.
Facts
- The present application is filed for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
- The FIR was registered for the offence punishable under Sections 302, 201, 34 and 120(B) of the Indian Penal Code.
- The incident in question occurred between 30.05.2023 to 31.05.2023, with the FIR filed on 01.06.2023 and the applicant arrested on 04.06.2023.
- The investigation has been completed, leading to the submission of the chargesheet.
- Originally filed against unknown persons, it was discovered during the investigation that the complainant herself was involved in the crime and has been chargesheeted as accused no.4.
- The chargesheet includes a total of 5 accused persons.
Arguments
- The entire prosecution case relies on circumstantial evidence.
- The nature of the offence and parity with others warrant the applicant’s release on regular bail with suitable conditions.
- The complainant (original accused no.5) was involved in extramarital affairs with accused no.4.
- The deceased was the husband of accused no.5, and accused nos.4 and 5 conspired to eliminate him.
- Accused no.3 was contracted to carry out the crime, with accused nos.1 & 2 executing it.
- Accused no.1 pressed the deceased’s neck while accused no.2 held his legs during the offence.
- Accused no.5 has previously been considered by the Court.
- APP for the respondent-State has opposed grant of regular bail due to the nature and gravity of the offence.
- The application is urged not to be entertained based on the above grounds.
- The name and specific role of the present applicant is clearly mentioned in the papers of the chargesheet.
Analysis
- Learned advocates for both parties did not press for further reasoned order.
- The application was submitted after the chargesheet was filed and the investigation is completed.
- The applicant has been in jail since 04.06.2023.
- The court considered the role of the applicant and the co-accused in the case.
- The prosecution’s case relies on circumstantial evidence.
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Without discussing the evidence in detail, the Court finds it a fit case to grant regular bail to the applicant.
- The present application for bail is allowed.
- The applicant is ordered to be released on regular bail in connection with FIR C.R. No.11197047230494/2023 registered with the Savli Police Station, Vadodara.
- The bail is granted upon executing a personal bond of Rs.15,000/- with one surety of the like amount to the satisfaction of the trial Court.
- The applicant is subject to certain conditions: a) not misuse liberty, b) not act in a manner injurious to the interest of the prosecution, c) surrender passport to the lower court within a week, d) not leave Gujarat without permission, e) mark presence at the Police Station on alternate Mondays for six months, f) furnish current address of residence.
Decision
- The trial Court should not be influenced by preliminary observations made by the Court while granting bail.
- Direct service is allowed.
- Bail bond must be executed before the lower Court with jurisdiction over the case.
- The rule is made absolute for the above-mentioned points.
- The applicant must inform the Investigating Officer and the Court before changing residence.
- The applicant will only be released if not needed in connection with any other offense.
- The Court has the authority to modify or relax the conditions as per the law.
- If any condition is breached, the concerned Sessions Judge can issue a warrant or take appropriate action.
- The application should be allowed based on factual aspects and parity.
Case Title: NAGJIBHAI MAHERAMBHAI BHARVAD Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8513/2024
