In a recent legal development, the Gujarat High Court has made a significant decision regarding an anticipatory bail application in a case related to alleged atrocities. The court’s judgement includes conditions for bail if the appellant is arrested following an FIR before Vadaj Police Station. Let’s delve into the details of this case where the court grants anticipatory bail in response to serious allegations.
Analysis
- Learned counsel for both parties heard
- Record of the case perused
- Facts of the case considered
- Nature of allegations taken into account
- Role attributed to the accused as per report submitted by learned Additional Public Prosecutor Mr. Jay Mehta
- Appellant not present at the place of incident
- Allegations were made over the telephone by the present appellant
- Questioning if the offence under the Atrocity Act, 1989 is valid based solely on telephone allegations
- Considering granting anticipatory bail to the appellant at this stage
- In the event of the appellant being arrested pursuant to FIR registered as C.R No. 11191023240082 of 2024 before Vadaj Police Station, District: Ahmedabad, the appellant shall be released on bail on certain conditions.
- Conditions for bail include: cooperating with the investigation, being present at the concerned Police Station on a specified date and time, refraining from influencing any person related to the case, not obstructing the investigation, providing address information, not leaving India without court permission, and depositing the passport if applicable.
- The Trial Court should not be influenced by the prima facie observations made by the Court while granting bail at the trial stage.
Decision
- Direct service is permitted in this case.
- The appeal has been disposed of accordingly.
Case Title: AMITBHAI MOHANLAL SHAH Vs. STATE OF GUJARAT
Case Number: R/CR.A/882/2024
