In a recent legal judgement by the Gujarat High Court, bail has been granted to the accused in the Sevaliya Police Station case. The Court, after considering the law laid down by the Hon’ble Apex Court, deemed it a suitable case to grant bail to the applicant. This decision comes in light of the charges filed under various sections including The Animal Preservation Act, Gujarat Animal Preservation Amendment Bill, and other relevant laws. Stay updated with further details on this significant development.
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The FIR is registered with the Sevaliya Police Station, Kheda for multiple offences under various sections including The Animal Preservation Act, Gujarat Animal Preservation Amendment Bill, Preservation Against Animal Cruelty Act, Indian Penal Code, and Gujarat Police Act.
- Rule is made returnable forthwith.
- Learned APP has waived service of notice of rule on behalf of the respondent – State.
Arguments
- The incident in question took place on 21.12.2023 and the FIR was lodged on the same day.
- The applicant was arrested on 21.12.2023 and has been in judicial custody since then.
- The chargesheet has been submitted after completion of the investigation.
- One of the co-accused has already been granted bail by the Court, leading to a request for the same for the applicant based on the ‘law of parity’.
- The FIR names four accused persons, with the present applicant-accused listed at Sr. No.3.
- The role of the present applicants is clearly stated in the chargesheet.
- The application may not be entertained as the role is well-defined.
- The learned APP for the respondent-State opposes regular bail due to the nature and gravity of the offence.
- The advocates for both parties do not further argue the matter.
- The applicant’s advocate suggests that the applicant be granted regular bail with suitable conditions.
Analysis
- The investigation has been completed, and a charge-sheet has been filed.
- The applicant-accused has been in judicial custody since 21.12.2023.
- A co-accused has already been granted bail by 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 detailed evidence, the Court finds it a fit case to grant the applicant bail.
- The applicant is ordered to be released on regular bail upon fulfilling specified conditions.
Decision
- The applicant is directed to mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.
- The applicant must furnish the present address of residence to the Investigating Officer and the Court at the time of execution of the bond and shall not change the residence without prior permission of the Court.
- The applicant will be released only if not required in connection with any other offence at that time.
- The Sessions Judge concerned is authorized to issue a warrant or take appropriate action if any of the conditions are breached.
- The concerned Court has the discretion to delete, modify, or relax any of the above conditions as per the law.
- The bail bond should be executed before the lower Court having jurisdiction over the case.
- At the trial, the trial Court should not be influenced by the preliminary observations regarding the evidence made by this Court at the bail stage.
- Direct service is permitted in this case.
Case Title: FAIJAN YUSUBBHAI KURESHI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7833/2024
