In a recent judgment by the Gujarat High Court, bail has been granted in connection with FIR No.11196027240156 of 2024 at Karelibaug Police Station. The Court considered various factors before exercising discretion in favor of the applicant. This decision comes after detailed arguments presented by the applicant’s counsel and the Additional Public Prosecutor representing the State of Gujarat. Let’s delve into the details of this significant legal development.
Arguments
- The Additional Public Prosecutor appearing on behalf of the State of Gujarat has waived service of notice of Rule.
- The bail application is under Section 439 of the Code of Criminal Procedure for FIR No.11196027240156 of 2024 at Karelibaug Police Station, Vadodara.
- The advocate for the applicant claims innocence and lack of involvement in the alleged offense.
- The advocate argues that the applicant has no criminal record and did not possess the recovered evidence.
- It is stated that the applicant has a fixed address and will not abscond, ensuring trial attendance.
- The applicant’s counsel requests bail with suitable conditions due to the nature of allegations.
- The Additional Public Prosecutor opposes bail citing the seriousness of the offense.
- Both parties’ advocates have presented their arguments.
Analysis
- The court considered three main factors required to be taken into account: prima facie case, availability of applicant during trial, and potential tampering with witnesses by the accused.
- The applicant’s advocate argued that the applicant is not likely to flee, and the muddamal has already been recovered, with the applicant having no prior criminal record.
- Referenced the case law of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40 by the Hon’ble Apex Court.
- Based on the nature of allegations in the FIR, the court decided to exercise discretion in favor of the applicant, granting regular bail.
- Noted the specific offense under section 379-A, absence of recovery from the applicant, and lack of prior criminal record for the applicant.
Decision
- The bail bond is to be executed before the learned Lower Court having jurisdiction to try the case.
- The concerned Court has the authority to modify or relax any of the conditions mentioned in the bail order as per the law.
- If there is a breach of any bail conditions, the Sessions Judge can issue a warrant or take appropriate action.
- The Trial Court should not be influenced by preliminary observations made by this Court while granting bail.
- The applicant is granted regular bail for the offences under Sections 379A and 447 of the Indian Penal Code in connection with FIR No.11196027240156 of 2024.
- The bail requires a personal bond of Rs.10,000/- with one surety of the same amount to be executed to the satisfaction of the Trial Court.
- The applicant must adhere to several conditions while on bail, including not misusing liberty, not acting against the prosecution’s interest, surrendering passport, obtaining permission to leave Gujarat, marking regular presence at the Police Station, providing a permanent address, and not changing residence without permission.
- The applicant will only be released if not required in connection with any other offence.
Case Title: SAID BASIRBHAI MALEK Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9271/2024
