In a recent judgment, the Supreme Court of India granted bail to the accused in the case of Conspiracy related to C.R. No.11205047230409 of 2023. The decision follows a detailed consideration of the allegations and evidence presented in the case. Stay tuned for more updates on this significant legal development.
Arguments
- The applicant accused is a 23-year-old lady studying Bachelor of Arts with a bright future.
- She was at college appearing for an exam on the date of the incident with her presence noted in the register.
- Statements of a witness recorded under Section 161 and 164 of the CRPC show material contradictions.
- Given the applicant’s tender age, she may be granted bail with suitable terms and conditions.
- The applicant, a Sarpanch of Patri village, is objected to by the State.
- The applicant belongs to Patri village and travels to Bhuj for college on a moped, a 30-35 km distance.
- She had gone to college early in the morning for the 10:30 a.m. exam and was far from the incident as per the hall ticket receipt.
- The charge-sheet papers primarily rely on one witness’s statement for the applicant’s involvement, mentioning family conversations related to the incident.
- The applicant, a lady accused, has been in judicial custody since 04.11.2023, after the conclusion of the investigation and the submission of the charge-sheet.
- The incident occurred on 20 October, 2023, with an FIR filed against four accused persons on the same day.
- Wife of the deceased who contested the election of Sarpanch but was unsuccessful.
- Inimical terms between the deceased and the applicant due to various applications made by deceased against the applicant.
- No Confidence Motion filed by deceased leading to applicant being removed as Sarpanch.
- Illegal activities by the applicant’s family members resulting in a fine of Rs.85 lakh imposed on them.
- Allegations of a preplanned conspiracy to eliminate the deceased with involvement of applicant.
- Another FIR registered against the applicant with a charge sheet filed.
- Submission by learned advocate on behalf of original complainant opposing bail for the applicant.
- Applicant is a 23-year-old female in jail since 04.11.2023.
- Conclusion of investigation and filing of charge-sheet.
- Statement of witness indicating involvement of applicant in the crime.
Analysis
- The applicant accused was not initially named in the FIR filed against four accused persons on the day of the incident.
- During the investigation, the applicant accused was implicated as one of the conspirators in the plan to eliminate the deceased.
- Evidence from the college register and the hall ticket receipt indicate that the applicant was present at the college during the time of the incident.
- A witness statement mentioning conversations about the incident does not directly implicate the applicant in the crime.
- The Court considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- The Court also took into account the law laid down in the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Without discussing the evidence in detail, the Court found it to be a fit case to grant regular bail to the applicant based on the nature of the allegations in the FIR.
Decision
- The applicant is ordered to be released on regular bail for C.R. No.11205047230409 of 2023.
- The bail amount is set at Rs.15,000 with one surety of the same amount to be executed before the trial Court.
- Several conditions are imposed for the bail, including not misusing liberty, not acting against the prosecution’s interest, surrendering passport, and marking presence at the Police Station every alternate Monday for six months.
- The applicant must provide the current address to the Investigating Officer and the Court and cannot change residence without prior permission.
- The release is subject to the applicant not being required in connection with any other offence.
Case Title: PRAVINA D/O VALJI CHAD Vs. STATE OF GUJARAT
Case Number: R/CR.MA/5562/2024
