In a significant legal development, the Gujarat High Court has granted bail to the applicants in F.I.R. No.11208003231249 of 2023. The decision comes after thorough consideration of the facts and allegations against the individuals involved. Justice is upheld as the court ensures a fair legal process for all parties. Read on to learn more about this landmark case.
Facts
- The Learned APP has waived service of notice of Rule on behalf of the respondent-State.
Arguments
- The offences charged are serious in nature.
- No discretion is required to be exercised considering the facts and allegations against the applicants.
- The application is filed under Section 439 of the Code of Criminal Procedure for regular bail.
- F.I.R. No.11208003231249 of 2023 is registered with Gandhigram-2 (University) Police Station, District Rajkot.
- The nature of the offence and role attributed to the applicants are considered for bail.
- The applicants may be enlarged on regular bail with suitable conditions.
- The respondent State points out two criminal antecedents against the present applicants for similar offences.
Analysis
- The seriousness of offences and allegations levied against the present applicants warrants the application to be allowed.
- Rs.2 Lakhs has already been recovered from the present applicants as per the record.
- Three main factors required to be considered by the court are prima facie case, availability of accused at the time of trial, and tampering with witnesses.
- The applicants have been in custody since 19.03.2024.
- The investigation is concluded and the Charge-sheet has been filed.
- The likelihood of the accused fleeing away has been contested by their advocate.
- The pre-relied stage of a case is concerned with the framing of charges.
- At this stage, the court is required to evaluate the materials on record to determine if there is a prima facie case against the accused.
- The court must examine whether the evidence would warrant a conviction if unrebutted.
- The court should not evaluate the evidence as if it was conducting a trial, but only to determine if a case for trial exists.
Decision
- Applicants are granted bail in connection with the FIR
- Bail bond of Rs. 10,000 each with one surety of the same amount is required
- Conditions include not influencing potential witnesses, maintaining law and order, providing proof of address, and updating contact information
- Court can modify or relax conditions as necessary
- No influence is to be exerted on the trial court
- Applicants will only be released if not needed for other offenses
- Sessions Judge can take action in case of breaching conditions
- Affidavit regarding passport possession and property details to be submitted
- Permission required from the Trial Court to leave India
- Passport to be surrendered within a week
- Bail bond execution to be done in the lower court
- Direct service allowed
Case Title: SONU @ DIPAK S/O. BHERUSINH SISODIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9445/2024
