In a significant development, the Gujarat High Court has granted bail to a mechanic involved in an illegal gratification case. The case, which involves allegations of accepting illegal gratification on behalf of a public servant, has garnered attention for its legal complexities. Stay tuned for more updates on this case as it unfolds. #BailGranted #GujaratHighCourt #Justice
Facts
- The learned APP waived service of notice of Rule on behalf of the respondent-State.
Arguments
- The APP for the respondent State strongly argues that the applicant is actively involved in the commission of the present offense by accepting illegal gratification on behalf of other co-accused.
- The investigation of the present offense is ongoing.
- The offenses charged are serious in nature based on the facts and allegations against the applicant.
- The learned advocate for the applicant argues that considering the nature of the offense and the role attributed to the applicant, bail may be granted with suitable conditions.
Analysis
- The present applicant is not a public servant and was working as a mechanic at a car accessories shop.
- He is alleged to have accepted illegal gratification on behalf of a co-accused who was a public servant.
- Three factors are crucial in this case: prima facie case, availability of the applicant at the time of trial, and tampering with witnesses.
- The advocate for the applicant argued that he is not likely to flee.
- Considering the role attributed to the applicant, the application deserves to be allowed.
- 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 is considered.
- The nature of allegations made in the FIR is taken into account.
- No detailed discussion of evidence is conducted.
Decision
- The applicant shall file an affidavit stating immovable properties, whether self-acquired or ancestral, before the Trial Court.
- The applicant shall not leave India without prior permission from the Trial Court.
- The applicant shall surrender any passport to the Trial Court within a week.
- Conditions of the bail may be modified or relaxed by the concerned Court as per the law.
- During the trial, the Trial Court should not be influenced by the bail bond.
- The bail bond should be executed before the lower court with jurisdiction over the case.
- The Court orders the release of the applicant on bail upon executing a bond of Rs.10,000/- with one surety of the same amount.
- Various conditions are set for the applicant’s bail, including not tampering with evidence, maintaining law and order, providing correct address details, and informing the Court of any changes in contact information.
- The applicant must inform the Court if they do not possess a passport.
- The applicant will only be released if not required in connection with any other offense.
- Breaching any conditions may lead to the Sessions Judge taking appropriate action.
Case Title: BHUSHAN POPATBHAI PATIL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10712/2024
