In a recent judgment by the Gujarat High Court, a significant decision was made regarding the grant of regular bail in the case of FIR No. 11200051231814 of 2023 registered at Dungra Police Station, Valsad. This decision by the High Court has implications for the ongoing legal battle, impacting both the prosecution and the defense involved in the case.
Facts
- Learned Additional Public Prosecutor waived service of notice of Rule on behalf of the respondent- State of Gujarat.
- The present application for regular bail was filed under Section 439 of the Code of Criminal Procedure by the applicant.
- The FIR in question is I-C.R. No.11200051231814 of 2023 registered with Dungra Police Station, District: Valsad.
- The offences mentioned in the FIR are under Sections 465, 467, 468, 469, 471 and 114 of the Indian Penal Code.
Arguments
- The applicant’s advocate argues that the applicant is innocent and falsely implicated in the complaint, having been in jail since 17.08.2023.
- The respondent-State, represented by the learned Additional Public Prosecutor, opposes regular bail citing the nature and seriousness of the offense.
Analysis
- (a) Learned advocates do not invite reasoned order, as per the decisions of the Hon’ble Supreme Court.
- (b) The investigation is complete and charge-sheet has been submitted, reducing the risk of evidence tampering.
- (c) Applicant’s lawyer assures that the applicant will not flee.
- (d) The applicant has been in custody since 18.08.2023.
- (e) Reference to the legal precedent set by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I.
- Discretion needs to be exercised in favor of the applicant
- Considering the nature of allegations made against the applicant in the FIR
- Enlarged the applicant on regular bail
Decision
- The present application is allowed, and the applicant is ordered to be released on regular bail in connection with FIR No.11200051231814 of 2023 registered with Dungra Police Station, District: Valsad.
- The offences under Sections 465, 467, 468, 469, 471 and 114 of the Indian Penal Code are involved in this case.
- The applicant must execute a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court.
- Specific conditions are imposed on the applicant: not to misuse liberty, not to act against the interest of the prosecution, surrender passport within a week, not leave Gujarat without permission, to mark presence at the Police Station regularly, furnish address details, and not change residence without permission.
- The applicant will be released only if not required in connection with any other offence currently.
- The Trial Court is directed not to be influenced by preliminary observations made by the Court while granting bail.
- The concerned Court can modify or delete the imposed conditions as per the law.
- In case of breaching any conditions, the Sessions Judge can take appropriate action.
Case Title: OMPRAKASH @ BAHADUR RAMNI YADAV Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9433/2024
