The High Court of Gujarat has granted regular bail to the applicant, the driver and owner of the vehicle involved in FIR C.R.NO.11821025240264 of 2024. The Court’s decision, in line with legal precedents, showcases the balance between justice and individual rights. This summary highlights the key aspects of the judgment without delving into specific identities. #RegularBail #HighCourt #LegalCaseSummary
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973
- The application is seeking regular bail in connection with FIR C.R.NO.11821025240264 of 2024
- The FIR is registered with Katwara Police Station, Dahod
Arguments
- Learned APP representing the State has opposed the grant of regular bail to the applicant.
- The Court has listened to the arguments presented by both sides and reviewed the relevant documents.
Analysis
- Investigation is complete and charge-sheet has been filed.
- Learned APP waives service of rule for the State.
- The applicant is the driver and owner of the vehicle involved.
- The applicant’s role and the order in a similar case warrant granting bail.
- The court deems it fit to grant regular bail to the applicant.
- The Court has considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- The Court has decided to grant regular bail to the applicant based on the nature of allegations in the FIR without discussing the evidence in detail.
- The applicant is ordered to be released on regular bail upon executing a personal bond of Rs.10,000/- with one surety of the same amount to the satisfaction of the trial Court.
- The conditions of the bail include not misusing liberty, not acting against the prosecution’s interest, surrendering passport if any, not leaving the state without permission, marking monthly presence at the Police Station, providing current address to the Investigating Officer and the Court, and not entering certain specific Police Station areas except for trial proceedings.
- The applicant will be released only if not required in connection with any other offense at the time.
Decision
- The concerned Court has the authority to delete, modify, or relax the conditions as per the law
- Bail bond must be executed before the lower Court with jurisdiction over the case
- The trial Court should not be influenced by preliminary observations made by this Court during the bail hearing
- The rule is made absolute within the specified extent
- Direct service is permitted for the case
- If any of the conditions are breached, the Sessions Judge can issue a warrant or take appropriate action
Case Title: MAHESHBHAI S/O GAMIRBHAI MAGANBHAI PATEL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9777/2024
