In a significant ruling by the Gujarat High Court, bail has been granted to the accused involved in FIR No. 11187005240189 of 2024. The court set specific conditions for the release, emphasizing the need for compliance with the law. This judgement is crucial in ensuring justice while upholding the rule of law in our legal system.
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail.
- FIR No. 11187005240189 of 2024 registered with Kothamba Police Station, District Mahisagar.
- Learned advocate for the applicant submits at the bar.
Arguments
- Applicant is ready to vacate the premises within a week of release.
- Applicant seeks regular bail with suitable conditions.
- Allegations against the applicant are serious, and no discretion is needed.
Analysis
- The advocate for the applicant stated that the applicant is willing to vacate the premises within a week of his release.
- Three main factors required to be considered by the court are a prima facie case, the availability of the accused at the time of trial, and the potential tampering with witnesses.
- The applicant’s advocate argued that the accused is not likely to flee.
- Without discussing the evidence in details
- Without going into details
- Considering the nature of allegations made in the FIR
Decision
- The accused must file an affidavit stating immovable properties, whether self-acquired or ancestral, with details and present value before the Trial Court.
- The accused cannot leave India without prior permission from the Trial Court and must surrender any passport within a week.
- If the accused does not possess a passport, they must file an affidavit stating so.
- Bail bond must be executed before the lower court that has jurisdiction over the case.
- The accused will only be released if not required in connection with any other offense at the moment.
- If any of the conditions are breached, the Sessions Judge can issue a warrant or take appropriate action.
- Contact numbers of the accused and sureties must be provided to the Trial Court, and any changes must be promptly communicated.
- It is a fit case to exercise discretion for granting bail.
- The applicant is ordered to be released on bail upon executing a bond and one surety, subject to conditions of not tampering with evidence, maintaining law and order, providing proof of address, and other specified terms.
- The applicant must file an undertaking before the trial court in accordance with the statement made by the advocate.
- The applicant has been in custody since a specified date.
- The concerned Court can modify or relax any of the conditions as per the law.
- At the trial, the trial court should not be influenced by previous observations in this order.
Case Title: KALUBHAI HIRABHAI PAGI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8764/2024
