In a recent judgment by the Gujarat High Court, regular bail has been granted in connection with FIR No.11186008231896 of 2023 at Una Police Station. The case involved allegations under Sections 420, 465, 467, 468, 471, 472, and 114 of the Indian Penal Code. The Court carefully analyzed the arguments put forth by the applicant’s advocate and the learned Additional Public Prosecutor representing the State of Gujarat. The decision to grant bail, subject to specific conditions, reflects the Court’s consideration of factors such as the nature and gravity of the offence, the completion of investigation, and the applicant’s role in the case.
Arguments
- The applicant has filed a regular bail application under Section 439 of the Code of Criminal Procedure in connection with FIR No.11186008231896 of 2023 at Una Police Station, District: Gir-Somnath.
- The applicant is accused of offences under Sections 420, 465, 467, 468, 471, 472, and 114 of the Indian Penal Code.
- The applicant’s advocate argues that the applicant is innocent and falsely implicated in the complaint, emphasizing that the applicant has been in jail since 25.12.2023.
- It is contended that no further custodial investigation or recovery/discovery is necessary for the applicant.
- The learned Additional Public Prosecutor representing the State of Gujarat waives the service of notice of Rule on behalf of the respondent.
- Learned advocate for the applicant argues for regular bail based on the nature of allegations and the applicant’s role.
- Learned Additional Public Prosecutor opposes regular bail due to the nature and gravity of the offence.
- Court hears arguments from both sides without inviting a reasoned order.
- Independent witness confirms the applicant’s work location and the presence of charge-sheet and evidence.
- Court considers factors such as prima facie case, availability at trial, and tampering with evidence.
- Noted that investigation is complete, charge-sheet submitted, and no possibility of tampering with evidence.
- Cites law from Sanjay Chandra v. C.B.I. case (2012) in support of decision-making.
- Exercise of discretion in favor of the applicant results in granting regular bail with specific conditions.
- Applicant ordered to be released on bail upon execution of a personal bond and surety, subject to various conditions.
- Conditions include not misusing liberty, cooperating with the authorities, surrendering passport, marking presence, etc.
- Authorities to release applicant only if not required in connection with any other offence.
- Sessions Judge empowered to take action in case of breaching the set conditions.
- Bail bond to be executed before the Lower Court with jurisdiction over the case.
- Applicant’s permanent residence address provided, ensuring presence for trial, no specific role attributed in charge sheet.
Decision
- Direct service is permitted.
- Trial Court should not be influenced by preliminary observations made by this Court while granting bail.
- Rule is made absolute to the extent mentioned.
- The concerned Court can modify or relax the conditions as per the law.
Case Title: JAVID @ BHURO IBRAHIM MANSURI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9316/2024
