In a recent judgment by the Gujarat High Court, regular bail has been granted in the case of C.R.No.11210025232455 of 2023. The Court examined the allegations in detail, considering the seriousness of the charges under various sections of IPC and the Gujarat Police Act. The Court found merit in the bail application filed by the applicant, with the complainant and injured victim filing affidavits supporting the bail. Learn more about this significant legal decision in the full judgment.
Facts
- The Court examined the allegations against the accused in detail.
- The Court considered the statements of the witnesses and the material evidence presented before it.
- The Court noted the seriousness of the charges under sections 307, 294B, 506(2), and 114 of the IPC and section 135(1) of the Gujarat Police Act.
- After careful consideration, the Court found merit in the bail application filed by the applicant.
- The Court concluded by granting regular bail to the applicant in connection with the aforementioned case.
Arguments
- The learned advocate Mr. Darshit Raval has filed appearance on behalf of the original complainant and the injured victim.
- Both the complainant and the injured victim have submitted affidavits stating that the matter has been settled between the parties outside the Court, and they have no objection to the applicant being released on bail.
- The learned APP representing the respondent-State has opposed the grant of regular bail citing the nature and seriousness of the offense.
- Initially, the applicant withdrew the application with the liberty to refile if the injured victim’s deposition was not recorded within three months.
- The depositions of the injured victim and the complainant have now been recorded.
Analysis
- Complainant and injured victim have filed affidavits stating no objection to bail for the applicant.
- Applicant has been in jail since 21.06.2023.
- This is a successive bail application for the applicant.
- Complainant and victim did not support the prosecution’s case in their depositions.
- Based on the above facts, the present bail application deserves consideration.
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Without delving into detailed evidence, the Court opined, prima facie, that it is a suitable case for granting regular bail to the applicant.
- The present application has been allowed, and the applicant is ordered to be released on regular bail in connection with C.R.No.11210025232455 of 2023 registered with Limbayat Police Station, Surat.
- The bail is granted on the condition of executing a personal bond of Rs.15,000/- with one surety of the like amount to the satisfaction of the trial Court.
- Various conditions are imposed on the applicant, including not misusing liberty, not acting against the prosecution’s interest, surrendering passport if any, not leaving the State of Gujarat without prior permission, marking presence at the Police Station on scheduled Mondays, and informing authorities of any change of residence.
- The applicant will only be released if not required in connection with any other offence at that time.
Decision
- The registry is authorized to accept any modifications, deletions, or relaxations of the conditions set forth in the bail order by the concerned Court, within the bounds of the law.
- The trial court is instructed not to be swayed by any preliminary observations or remarks made by the higher court during the bail granting process.
- If any of the bail conditions are breached, the Sessions Judge has the authority to issue warrants or take appropriate action as necessary.
- The bail bond must be executed before the lower court that has jurisdiction over the case.
- The current bail application is granted, and direct service is permitted as well.
- The investigation has been completed, and the charge-sheet has been filed.
Case Title: AJAY DEVENDRASINH PARIHAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9165/2024
