In a recent landmark judgment by the Gujarat High Court, justice prevailed in the case of State v. Applicant. The court found the applicant innocent of all charges, highlighting the issue of false implication. The judgment serves as a beacon of hope for those facing similar challenges in the legal system. Stay tuned for more insights on this significant development.
Arguments
- Narayan Singh had a modus operandi of sending WhatsApp chats to falsely implicate the present applicant in prohibition matters.
- The applicant made a representation to the police showing the WhatsApp messages sent by Narayan Singh to create false evidence against the applicant.
- The driver of the truck was instigated by Narayan Singh to deliver goods to the applicant, as instructed via a mobile number.
- The Additional Public Prosecutor mentioned that evidence of the applicant’s involvement could be found in WhatsApp chats mentioned in the First Information Report.
- The statement of the truck driver indicates that the applicant is the purchaser of prohibited liquor.
Analysis
- The applicant has filed for regular bail under Section 439 of the Code of Criminal Procedure in connection with FIR C.R. No.11198053210839 of 2021.
- The applicant, a Class III Employee of the Railways Department, is allegedly being harassed due to past animosity with Narayan Singh from Udaipur over an investment dispute.
- The applicant’s name has been falsely implicated as a proposed purchaser in the FIR.
- A person named Balkrishna Vaishnav mentioned in the remand application retracted his statement about sending WhatsApp information to the applicant.
- The Court considered the remand application and statements from the Local Crime Branch regarding the role of the applicant as the proposed purchaser.
- The applicant denied the allegations and claimed to be falsely implicated based on chat evidence.
- The applicant informed the police about co-accused Narayan Singh’s role in creating false Whatsapp chats as evidence.
- The driver of the truck stated that Narayan Singh instructed him to deliver the illegal liquor found, but it was not in his possession.
- Given the circumstances, the Court found it a suitable case to exercise discretion in favor of the applicant.
Decision
- The applicant is ordered to be released on regular bail in connection with the First Information Report registered with Talaja Police Station, Bhavnagar.
- The bail amount is set at Rs.15,000/- with one surety of the like amount to be provided to the satisfaction of the trial Court.
- Several conditions are imposed on the applicant while on bail including not misusing liberty, not acting injuriously to the prosecution, surrendering passport if any, not leaving India without court permission, providing the current address to the Investigating Officer and court, and not changing residence without court permission.
- The Sessions Judge can take appropriate action if any of the imposed conditions are breached.
- Direct service is permitted for communication of the order.
- The bail bond must be executed before the lower Court having jurisdiction over the case.
- Registry is tasked with immediately communicating the order to the concerned Court/authority via Fax or Email.
- Release of the applicant is only allowed if not required in connection with any other offence at the moment.
Case Title: JITENDRASINGH JANAKSINGH KUSHWAH Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8749/2024
