In a significant development, the Gujarat High Court has granted bail to the applicant in a case with far-reaching implications. The decision comes in the wake of a detailed examination of the facts and legal precedents. This ruling marks a milestone in the judicial proceedings related to the case.
Facts
- Investigation is already concluded and the present application is filed after the charge-sheet submission.
- Earlier bail application was withdrawn with a liberty to file a fresh one after victim girl’s deposition.
- Victim girl’s deposition was recorded where she did not support the prosecution’s case and turned hostile.
- Dispute settled between parties outside the court, complainant filed an affidavit stating no objection to applicant’s bail.
- Opposition to bail by the State due to the nature and gravity of the offense.
- Successive bail application filed under Section 439 of CrPC for offenses under various sections of IPC, POCSO Act, and Atrocities Act.
- Applicant’s arrest on 08.07.2023, has been in judicial custody since then.
Analysis
- 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 discussing the evidence in detail, the Court believes it is a fit case to grant the applicant regular bail based on the nature of allegations in the FIR.
- The application for bail is granted, and the applicant will be released on regular bail upon executing a personal bond of Rs. 15,000 with one surety of the like amount.
- The bail is subject to several conditions including not misusing liberty, not acting in a manner harmful to the prosecution’s interest, surrendering passport if any, not leaving Gujarat without permission, marking presence at the Police Station every alternate Monday, and providing the current address to the Investigating Officer and the Court.
- The applicant will only be released if not required in connection with any other offence at present.
Decision
- The concerned court has the authority to modify or relax the conditions of bail as per the law.
- Direct service is allowed and the Sessions Judge can issue a warrant in case of breach of conditions.
- Investigation is complete and charge-sheet has been filed.
- The bail bond must be executed before the lower court with jurisdiction over the case.
- The applicant has been in jail since 08.07.2023.
- The trial court should not be influenced by preliminary observations made by the higher court while granting bail.
- The application for bail has been allowed.
Case Title: TUSHAR SARJANSINH BARIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7667/2024
