In a recent judgment by the Gujarat High Court, a significant decision was made in the case of State v. [Applicant Name]. The Court granted bail to the accused after careful consideration of the evidence and circumstances surrounding the case. This ruling highlights the importance of a fair and just legal system. Find out more about this case and its impact in our blog post.
Facts
- Learned APP waived service of notice of Rule on behalf of the respondent-State.
- The application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No. 11195018240211 of 2024 registered with Dhanera Police Station, District Banaskantha.
Arguments
- Learned advocate for the applicant argues for regular bail considering the nature of the offense and the applicant’s role.
- The applicant is actively involved in the alleged offense.
- The offenses charged are serious in nature based on the facts and allegations against the applicant.
- No discretion is needed in this case.
Analysis
- The present applicant is not named in the F.I.R. nor found with any contraband substance.
- Alleged to be a proposed purchaser of 400 gms of opium out of 963 gms seized from co-accused.
- No material evidence against the present applicant except for the co-accused statement.
- Factors considered for bail include prima facie case, availability of the accused at trial, and tampering with witnesses.
- Applicant not likely to flee as per the advocate’s submission.
- Applicant has been in custody since 06.04.2024.
- Referred to the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
- Court opines it’s a fit case for bail without discussing detailed evidence.
- Applicant granted bail on executing a bond of Rs.10,000/- with one surety, subject to conditions.
- Furnish documentary proof of complete, correct, and present address of residence to the Investigating Officer and Trial Court
- Cannot change residence without prior permission of the trial Court
Decision
- Provide contact numbers and sureties’ contact numbers before the Trial Court
- Inform the Trial Court immediately in writing about any changes in contact numbers
- Execute the bail bond before the lower court having jurisdiction
- File an affidavit stating immovable properties (self-acquired or ancestral) with description, location, and present value before the Trial Court
- Direct service is permitted for communication
- The concerned Court can modify or relax the conditions mentioned above
- The trial Court should not be influenced by any observations made by this Court
- Release the applicant only if not required in connection with any other offense
- The Sessions Judge can issue a warrant or take appropriate action in case of breach of conditions
- The rule is made absolute to the mentioned extent
- Not leave India without prior permission of the Trial Court
- Surrender passport to the Trial Court within a week, file an affidavit if the accused does not possess a passport
Case Title: KHETARAM @ CHUNARAM DURGARAM SIYAG (JAT) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8712/2024
