The Gujarat High Court has issued a significant judgment in the case of bail application filed under Section 439 of the Code of Criminal Procedure. The applicant, involved in FIR No. 11195030230149 of 2023, has been granted bail based on the nature of the offense and lack of direct involvement in the crime. Find out more about this landmark decision by the High Court.
Facts
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with FIR No. 11195030230149 of 2023.
- Offences include Sections 302, 307, 34, 120(B), 427, 143, 148, 149 of the Indian Penal Code, Section 25(1A) and 27(3) of the Arms Act, and Section 135 of the Gujarat Police Act.
- Learned advocate for the applicant seeks bail for the applicant based on the nature of the offence and the applicant’s role.
Arguments
- The learned APP for the respondent State argues that the present applicant was involved in a conspiracy with co-accused to eliminate the deceased.
- The Swift car owned by the present applicant was used in the commission of the offense in which the deceased was killed.
- The active involvement of the present applicant in the offense is evident.
- The offenses charged are serious in nature.
- Given the facts and allegations against the applicant, the exercise of discretion is not warranted.
- The presence of the present applicant near the crime scene at the time of the incident was confirmed.
Analysis
- The applicant was alleged to be nearby the place of occurrence but not present at the scene of the offence
- No overt act has been attributed to the present applicant in relation to the crime
- The car belonging to the applicant was used for the offence, but his presence at the scene of the offence is not proven
- The deceased was killed with the dash of the applicant’s car, according to the prosecution’s case
- After reviewing the investigation papers, it is found that the applicant’s presence at the scene of the offence is not established
- Considering the facts and circumstances of the case
- The nature of allegations made in the FIR
- Prima facie opinion that the case is fit for granting bail
- Exercise of discretion to enlarge the applicant on bail
Decision
- The applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial court.
- The applicant must not make any inducement, threat, or promise to any person acquainted with the case to dissuade them from disclosing facts or tampering with evidence.
- The applicant shall maintain law and order, refraining from engaging in criminal activities.
- The applicant must not possess a passport, in which case an affidavit to that effect should be filed.
- The applicant should provide documentary proof of their complete, correct, and present address of residence to the Investigating Officer and the Trial Court at the time of executing the bail bond.
- Contact numbers of the applicant and sureties must be provided to the Trial Court, with immediate notification in case of any changes.
- An affidavit stating immovable properties with description, location, and present value should be filed before the Trial Court if any.
- Any breach of the conditions may result in the Sessions Judge issuing a warrant or taking appropriate action.
Case Title: KIRANKUMAR BHAMRAJI BAROT Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9019/2024
