In a recent ruling, the Gujarat High Court adjudicated on the bail application in the case of Dindoli Police Station vs. (Applicant). The court outlined specific conditions for the applicant’s release, emphasizing the need for adherence to bail conditions and court appearances. Let’s delve deeper into the legal aspects and implications of this judgement. #HighCourt #LegalCase #GujaratHighCourt
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail
- FIR registered with Dindoli Police Station, Surat City for offences under Sections 307, 324, 143, 147, 148, and 149 of the Indian Penal Code
- Offences also include Section 25 (1-B) of Arms Act and Section 135 (1) of the Gujarat Police Act
- Learned APP waives service of rule for the respondent-State
Arguments
- Learned advocate Mr. Chauhan submits that the applicant failed to remain present before the trial Court leading to the issuance of Non-Bailable Warrant.
- Mr. Chauhan assures the court that the applicant will be present for the trial proceedings and requests for regular bail to be granted.
- The learned APP representing the respondent-State opposes the grant of regular bail.
- Mr. Chauhan highlights that the accused was taken into custody after the Non-Bailable Warrant was issued due to non-appearance.
Analysis
- The Court heard the arguments presented by the advocates for both parties.
- The Court examined the documents and records submitted.
- The Court’s analysis will focus on the legal aspects of the case.
- The analysis will consider precedents and relevant laws.
- The Court will provide a detailed examination of the legal issues raised by both parties.
Decision
- The applicant was granted regular bail by the trial Court on 13.10.2022.
- The applicant failed to remain present before the trial Court once after being granted bail.
- The applicant must provide his current address to the Investigating Officer and the Court and shall not change residence without prior permission.
- The applicant is prohibited from entering the area of Dindoli Police Station except for court appearances and trial proceedings.
- The applicant must comply with all conditions set by the trial Court for the bail.
- The bail bond must be executed before the lower Court having jurisdiction over the case.
- The Court has the authority to modify or delete any of the imposed conditions.
- The trial Court should not be influenced by preliminary observations made while granting bail.
- The applicant must execute a personal bond of Rs.25,000 with a surety of the same amount to the satisfaction of the trial Court.
- The applicant must attend all future trial Court proceedings.
- The applicant must surrender his passport to the Trial Court within a week of release.
- Permission from the Trial Court is required for the applicant to leave the State of Gujarat.
- The applicant must report to the concerned Police Station once a month for six months between 11.00 a.m. and 2.00 p.m.
- Release of the applicant is contingent on him not being required in connection with any other offense at that time.
- The application is allowed under the specified conditions until further notice.
- No charges have been framed yet, and the case is at the stage of awaiting the FSL report.
- The applicant was present on all previous occasions except on 21.02.2024.
Case Title: VAIBHAV RAJENDRA @ RAJU PRABHAKAR PATIL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9502/2024
