In a recent judgement by the Gujarat High Court, bail has been granted to the accused in FIR C.R. No.11197047230494/2023. The Court carefully examined the circumstances of the case and found it appropriate to release the applicant on regular bail. This decision marks a significant development in the ongoing legal proceedings involving the said FIR.
Facts
- The present application is filed for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
- The FIR was registered at Savli Police Station, Vadodara for offences under Sections 302, 201, 34 and 120(B) of the Indian Penal Code.
- The incident allegedly took place between 30.05.2023 to 31.05.2023, with the FIR being lodged on 01.06.2023 and the applicant’s arrest on 04.06.2023.
- The applicant has been in judicial custody since the arrest.
- The investigation has been completed and the chargesheet has been submitted, leading to the filing of the present bail application.
- Initially filed against unknown persons, it was later revealed during the investigation that the complainant herself was involved in the crime and has been charged accordingly.
Arguments
- Learned advocate argued that the complainant had an extramarital affair with the applicant.
- It was alleged that a conspiracy was hatched to eliminate the complainant’s husband by accused nos.4 and 5.
- Accused no.3 was allegedly contracted to carry out the crime.
- Accused nos.1 and 2 allegedly executed the offense in a planned party where they engaged in physically harming the deceased.
- Apart from Call Data Records (CDR), there is no concrete evidence implicating the applicant in the crime.
- Accused no.5 has already been dealt with by the Court.
- The learned APP for the respondent-State opposed the grant of regular bail
- The opposition was based on the nature and gravity of the offence
- The learned advocate representing the State submitted arguments on behalf of the State
Analysis
- The name and role of the present applicant is clearly spelled out in the chargesheet.
- The prosecution’s case relies heavily on circumstantial evidence.
- Co-accused have been considered by both the Coordinate Bench of the Court and the present Court.
- The applicant’s application comes after the submission of the chargesheet and the completion of the investigation.
- The applicant has been in jail since 04.06.2023.
- Apart from Call Detail Records (CDR), there is nothing connecting the applicant to the commission of the crime based on the investigation papers.
- Nature of the offence must be considered for granting bail
- Grounds of parity should also be taken into account
- Applicant can be granted regular bail with suitable conditions
- This Court considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- This Court also referred to the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Without discussing the evidence in detail, the Court finds that it is a fit case to grant regular bail to the applicant based on the nature of the allegations in the FIR.
- Therefore, the present application for bail is allowed.
Decision
- The bail bond is to be executed before the lower Court having jurisdiction over the case.
- The Court has the authority to modify or relax any of the conditions mentioned in the bond in accordance with the law.
- The applicant will be released on regular bail in connection with FIR C.R. No.11197047230494/2023 upon executing a personal bond of Rs.15,000 with one surety of the same amount.
- Various conditions are imposed on the applicant upon release, including not misusing liberty, not acting in a manner harmful to the prosecution, surrendering passport if any, not leaving the state of Gujarat without permission, marking presence at the Police Station on alternate Mondays, and providing the current address of residence.
- The trial Court should not be swayed by any preliminary observations made by the Court while granting bail.
- If any conditions are breached, the Sessions Judge has the authority to issue a warrant or take necessary action.
Case Title: DHARMESHKUMAR @ DHAMO PRAVINBHAI PATEL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8067/2024
