In a significant legal development, the Gujarat High Court has granted bail to the applicant in connection with FIR No.11216001240309 of 2024. The judgment, which considered the allegations and role attributed to the applicant, sets an important precedent. Stay tuned for more updates on this high-profile case. #LegalCase #HighCourtJudgement #BailGranted
Arguments
- The present application is filed for regular bail under Section 439 of the Code of Criminal Procedure
- The applicant is seeking bail in connection with FIR No.11216001240309 of 2024 from Adalaj Police Station, Gandhinagar
- The offences mentioned in the FIR include Sections 307, 323, 324, and 504 of the Indian Penal Code along with section 135(1) of the G.P. Act
- The learned advocate representing the applicant argues that the applicant is innocent and falsely implicated in the complaint
- The learned advocate for the applicant argues for bail considering the nature of allegations and the role attributed to the applicant.
- The Additional Public Prosecutor representing the State opposes bail due to the gravity of the offense.
- The court considers various factors including prima facie case, applicant’s availability during trial, and the risk of tampering with witnesses.
- The applicant’s advocate asserts that the applicant will not flee.
- The applicant has been in custody since 06.05.2024.
- The court refers to the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40.
- Given the circumstances and allegations in the FIR, the court decides to grant bail to the applicant.
- The applicant is ordered to be released on regular bail upon certain conditions being fulfilled.
- The bail conditions include a personal bond of Rs.10,000, surrendering passport if any, restrictions on movement, marking presence at the police station, providing address details, and not leaving the state without permission.
- Authorities will release the applicant only if not required in connection with any other offense.
- The Court allows for modification or relaxation of bail conditions as per the law.
- The Trial Court is advised to not be influenced by the preliminary observations made by the current court while granting bail.
- The rule is made absolute to the extent mentioned above and direct service is permitted.
Case Title: VIRAL NANJIBHAI @ LALJIBHAI GALA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9564/2024
