In a significant legal development, the Gujarat High Court has granted bail to the accused in connection with FIR C.R. No Part-A-11210056213829 of 2021. This decision comes after thorough consideration of the case involving various sections of IPC and GUJCTOC Act. The accused, who has been in jail since 18.01.2022, is now granted liberty subject to certain conditions. The High Court’s judgment marks a crucial milestone in the ongoing legal proceedings.
Facts
- The applicant-accused was arrested on 18.01.2022 and has been in jail since then.
- The application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR C.R. No. Part-A-11210056213829 of 2021.
- The FIR is registered with Dindoli Police Station, Surat City for offences under various sections of IPC and GUJCTOC Act.
- Learned advocate appearing for the applicant has submitted…
Arguments
- Investigation is complete and charge-sheet has been filed.
- First information report lodged against seven persons, with the applicant-accused being shown as accused No.3.
- No specific overt act by the applicant-accused found in the police papers.
- GUJCTOC Act provisions not attracted as only one offense registered against the applicant-accused after the Act’s promulgation.
- The learned APP representing the respondent-State has objected to the grant of regular bail citing the nature and seriousness of the offence.
- The applicant’s advocate has requested bail for the applicant on suitable terms and conditions, noting that other co-accused with graver roles have been granted bail previously.
- Despite the opposition, the applicant’s advocate seeks bail for the applicant.
- The learned advocates for both parties have not pushed for a detailed order.
- The Court has reviewed the investigation papers, allegations against the applicant, and the role attributed to the applicant.
- The applicant has been in prison since 18.01.2022, which amounts to more than two years of incarceration.
Analysis
- Investigation completed and charge-sheet filed
- Co-accused with graver role released on bail
- Applicant-accused in jail for over two years
- Consideration of period of incarceration
- Application deserves consideration for bail
- Reference to the case of Sanjay Chandra v. CBI
- Prima facie fit case for granting bail
- Exercise of discretion to grant regular bail
- The applicant will be granted liberty subject to certain conditions.
- The applicant must not act in a manner that would harm the interests of the prosecution.
- The applicant is required to surrender any passport in their possession to the lower court within a week.
- Permission is needed from the Sessions Judge in Gujarat to leave the State.
- The applicant must mark their presence at the concerned Police Station on alternate Mondays every month for six months.
- Change of residence is not allowed without prior permission.
- The applicant is prohibited from entering the revenue limits of Surat City for 12 months, except for police station visits and court proceedings.
- Release of the applicant is contingent upon not being required for any other offences.
Decision
- The applicant is to be released on regular bail in connection with the FIR being C.R. No Part-A-11210056213829 of 2021 registered with the Dindoli Police Station, Surat City.
- The bail amount is set at Rs.15,000/- (Rupees Fifteen Thousand only) to be executed with one surety of the like amount to the satisfaction of the trial Court.
- The applicant shall not take undue advantage of liberty or misuse it.
- In case of breach of conditions, the Sessions Judge has the authority to issue a warrant or take appropriate action.
- The bail bond must be executed before the lower Court having jurisdiction over the case.
- The trial Court is instructed to not be influenced by any preliminary observations made by this Court while granting bail.
- Direct service is permitted in this matter.
- The concerned Court can delete, modify, or relax any of the conditions mentioned, as per the law.
Case Title: RAHUL @ BEDIYA @ BHIDIYA SUNIL MAHAJAN Vs. STATE OF GUJARAT
Case Number: R/CR.MA/4351/2024
