In a recent judgment by the Gujarat High Court, a decision was made in the case of State v. [Applicant’s Name]. The Court granted bail to the applicant after evaluating the circumstances and conditions of the case. The judgment sets out the conditions the applicant must adhere to, ensuring compliance with the legal process. Find out more about this significant legal development in the full summary below.
Facts
- The present application is filed for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
- The FIR C.R. I- No.104 of 2019 is registered with the “B” Division Police Station, Mehsana for offences under Sections 364(A), 323, and 114 of the Indian Penal Code.
- The applicant has abided by the bail conditions and was released prior to the filing of the charge sheet considering the alleged role.
- The applicant was arrested on 11.07.2019 and has been in judicial custody since then.
- Due to non-attendance at trial court, non-bailable warrants were issued, leading to the applicant’s judicial custody.
- The investigation is completed and has resulted in criminal Sessions Case no. 211 of 2021.
Arguments
- Opposition from the learned APP for the respondent-State based on the nature and gravity of the offence.
- Clarification of the role of the applicant from the chargesheet.
- Failure of the applicant to appear before the learned Sessions Judge highlighted by the respondent-State.
- Request to not entertain the present application due to the applicant’s non-appearance.
- Despite the lack of further requested orders, the learned advocates for both parties were heard.
- Perusal of investigation papers along with consideration of allegations and the applicant’s role.
- Reference to the assurances made by the learned advocate representing the applicant regarding abiding by bail conditions.
Analysis
- The applicant was released on bail earlier by the learned Sessions Judge on 20.07.2019 considering the prima facie case.
- The applicant has complied with the bail conditions set by the Sessions Judge.
- Despite following the bail conditions, a non-bailable warrant was issued when the applicant missed a hearing, leading to judicial custody.
- The applicant has assured to be present for all future Sessions Court hearings, warranting consideration for the current application.
- 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 the evidence in detail, the Court believes that this is a suitable case for granting regular bail to the applicant.
- The applicant is ordered to be released on regular bail upon executing a personal bond of Rs.15,000/- with one surety of the same amount.
- The applicant is subject to various conditions such as not misusing liberty, not acting against the prosecution’s interest, surrendering the passport if any, and not leaving the state without prior permission.
- The applicant must attend all court proceedings, provide the current address to the Investigating Officer and the Court, and not change residences without permission.
- The applicant will only be released if not required for any other offence at the time.
- If any conditions are breached, the Sessions Judge can take appropriate action.
- The bail bond must be executed before the lower Court with jurisdiction over the case.
- The concerned Court can modify or relax any conditions as per the law.
- The trial Court should not be influenced by the preliminary observations made by this Court during the bail granting process.
Case Title: VIPULBHAI RAGHUBHAI RABARI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9320/2024
