In a recent judgment, the Gujarat High Court granted bail in connection with FIR No.11193004240176 of 2024. The applicants had been in custody since 15.04.2024 and were represented by their learned advocate. The amicable settlement between the parties, including the first informant, paved the way for the court’s decision. The Court considered various factors before approving the bail application, setting certain conditions for the applicants. Find out more about this significant legal development in our detailed blog post.
Facts
- The Learned APP waives service of notice of Rule on behalf of the respondent-State.
- The application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11193004240176 of 2024 registered with Amreli Rural Police Station, District Amreli.
Arguments
- Learned advocate for the applicants argues that considering the nature of the offense and role attributed to the applicants, they may be granted regular bail with suitable conditions.
- The learned APP for the State opposes bail, stating that the charged offenses are serious and no discretion should be exercised based on the allegations.
- Advocate Mr. Dharmesh Devnani mentions he will represent the original complainant in the case.
- The original first informant has no objection to the applicants being enlarged on bail
- Learned advocate for the applicant agrees to abide by the oral settlement reached between the parties
Analysis
- The court has considered the amicable settlement between the parties.
- The first informant has no objection to the applicants being granted bail.
- Considering the nature of the offense, the court finds the application deserving of approval.
- Three factors are considered by the court: prima facie case, availability of accused at trial, and tampering with witnesses.
- The applicants’ lawyer argues that the accused are not likely to flee.
- The Hon’ble Apex Court set the law in the case of Sanjay Chandra v. C.B.I. in 2012.
- The nature of allegations in the FIR and the overall circumstances led the Court to believe it is a fit case for granting bail.
- The Court decided to release the applicants on bail upon execution of a bond of Rs.10,000 each with respective sureties to the satisfaction of the trial Court.
- The applicants must adhere to certain conditions including not influencing any person related to the case, maintaining law and order, and refraining from criminal activities.
Decision
- The applicants have been in custody since 15.04.2024.
- The bail bond must be executed before the lower court with jurisdiction over the case.
- An affidavit stating the nature, location, and current value of immovable properties must be filed before the trial court.
- Any change in the number of properties must be immediately communicated to the trial court.
- The applicants will only be released if not required in connection with any other offense at the moment.
- The Sessions Judge has the authority to issue a warrant or take action in case of breaching the conditions.
- The applicants must provide documentary proof of their complete and current address to the Investigating Officer and Trial Court at the time of executing the bond.
- Contact numbers of both the applicants and sureties must be provided to the Trial Court.
- Leaving India requires prior permission from the Trial Court.
- If in possession of a passport, it must be surrendered to the Trial Court within a week.
- The concerned Court can modify or relax any of the conditions as per the law.
- The trial should not be influenced by conditions mentioned in the order.
Case Title: SURYAKANTBHAI SHANTIBHAI (SHANTILAL) TALAVIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8759/2024
