In a recent judgment by the Gujarat High Court, bail has been granted to the accused in the State v. Accused case. The court considered various factors before reaching this decision, including the nature of allegations in the FIR and the arguments presented by the learned Advocate. Stay tuned to learn more about the conditions imposed and the details of the case.
Facts
- Learned APP waives service of notice of Rule on behalf of the respondent-State.
- This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11191011240010 of 2024 registered with D.C.B. Police Station, District Ahmedabad.
Arguments
- The respondent State argues that the applicant was caught with a firearm and live cartridges at the scene of the incident, indicating active participation in the offense.
- The nature of the offense and the role attributed to the applicant are emphasized by the State, suggesting denial of bail.
- The State maintains that the charged offenses are serious, and no discretion is warranted given the facts and allegations against the applicant.
Analysis
- The learned Advocate for the Applicant argued that the Applicant Accused is unlikely to flee as the investigation is complete and the Charge-sheet has been filed.
- The court considered three main factors required in such cases: prima facie case, availability of the Applicant at the time of trial, and the possibility of tampering with witnesses by the accused.
- The prosecution’s case suggested that the Applicant and co-accused were planning a dacoity, but it was thwarted before any offense took place, and the Applicant was found with a firearm and live ammunition.
- Considering these facts, the court deems the application deserving of being allowed based on the presented arguments and circumstances.
- The Applicant has been in custody since 07.01.2024.
- The Hon’ble Apex Court case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40 is considered.
- The Court has decided to grant bail to the Applicant considering the nature of allegations in the FIR.
- The Applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the like amount.
- Various conditions are imposed on the Applicant including not tampering with evidence, maintaining law and order, providing address proof, contact numbers, details of immovable properties, surrendering passport if any, and not leaving India without prior permission.
Decision
- Bail bond to be executed before the lower court with jurisdiction
- Court may modify or relax conditions as per law
- Direct service allowed
- Accused without passport must file an Affidavit confirming the same
- Accused must not leave Gujarat without court permission
- Rule made absolute as stated
- Release only if accused is not required for any other offence
- Sessions Judge can issue warrant for breach of conditions
Case Title: LEKHRAJ SONPAL MAHORSING YADAV Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9147/2024
