In a recent judgment by the Gujarat High Court, bail has been granted to [Applicant’s Name] in the case of State versus [Applicant’s Name]. The court considered various factors such as prima facie case, availability of the accused at the time of trial, and potential tampering with witnesses. This summary provides an overview of the decision and its implications. Dive into the details of this significant legal battle!
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
Arguments
- The learned advocate for the applicant requested bail considering the nature of the offense and the applicant’s role.
- The learned APP for the State opposed bail, citing the serious nature of the charged offenses and the allegations against the applicant.
Analysis
- The present application is being considered based on three main factors as per Supreme Court decisions: prima facie case, availability of the Applicant accused at the time of trial, and tampering/hindrance with witnesses by the accused.
- The prosecution’s case involves the storage of 5098 bottles of contraband worth Rs. 13,01,285 by a co-accused in his field for delivery to the present applicant.
- The applicant does not have any previous criminal records.
- The co-accused who stored the contraband in his farm has been considered for regular bail by the Court.
- Except for the co-accused’s statement, there is no other material available on record regarding the Applicant’s likelihood to flee.
- The Hon’ble Apex Court’s decision in Sanjay Chandra v. C.B.I. (2012) 1 SCC 40 is followed in this case.
- Considering the nature of allegations in the FIR, the Court finds it a fit case for granting bail.
- No detailed discussion or analysis of evidence is provided in the judgement.
- The applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the same amount.
- Conditions of bail include not influencing witnesses, tampering with evidence, maintaining law and order, and refraining from criminal activities.
Decision
- The applicant will be released only if not required in connection with any other offence.
- Bail bond to be executed before the lower court having jurisdiction.
- Accused without a passport shall file an affidavit stating so.
- If conditions are breached, Sessions Judge can issue a warrant.
- Applicant to provide details of immovable properties before the Trial Court.
- Current address must be provided to Investigating Officer and Trial Court.
- Contact numbers of applicant and sureties to be provided to Trial Court.
- Court can modify or relax conditions as per law.
- Applicant shall not leave India without Trial Court permission.
- Surrender passport to Trial Court within a week.
Case Title: CHHATRAPALSINH HARDEVSINH JADEJA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8741/2024
