In a significant ruling by the Gujarat High Court, an anticipatory bail petition was allowed with certain conditions in a case of crucial importance. This judgement showcases the careful deliberation by the court in balancing the interests of justice and individual rights. Stay tuned to discover the details of this case and the impactful decision made by the court.
Facts
- Petitioner filed a petition under Section 438 of CrPC for anticipatory bail
- The FIR was registered with Bhabhar Police Station
- The petitioner sought anticipatory bail in case of arrest
Arguments
- Learned Additional Public Prosecutor opposes grant of anticipatory bail.
- Opposition based on nature and gravity of the offence.
- Court heard arguments from both sides and reviewed investigation papers.
Analysis
- Factors considered for bail application include prima facie evidence of the accused committing the offense.
- The nature and gravity of the accusation play a crucial role in bail decisions.
- The severity of the punishment upon conviction is another important factor to be considered.
- The risk of the accused absconding if granted bail is a key consideration.
- The character, behavior, means, position, and standing of the accused are factors to be assessed.
- The likelihood of the offense being repeated is a point of concern.
- Reasonable apprehension of witnesses being influenced is important in bail decisions.
- The danger of justice being thwarted by granting bail is a factor to be mindful of.
- Court discretion should be exercised judiciously and in compliance with established principles.
- An elaborate examination of evidence at the bail stage is to be avoided to prevent prejudice to the accused.
- The Hon’ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors vs. State of Punjab (1980) 2 SCC 665.
- The court considered the law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi) [(2020) 5 SCC 1].
- The court, while exercising discretion in favor of the petitioner, also took into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.
Decision
- Direct service permitted for the present petition.
- The petition is allowed, and the applicant will be released on bail upon arrest.
- Bail conditions include a personal bond of Rs. 10,000/- with one surety of the same amount.
- Cooperation with the investigation and availability for interrogation is mandatory.
- The petitioner must be present at the Police Station on specific dates and times.
- No inducement, threats, or promises to anyone involved in the case.
- The petitioner should not obstruct the investigation or tamper with evidence.
- Address must be provided to the investigating officer and court, residence cannot be changed.
- Permission required from the trial court to leave India, passport to be deposited if held.
- A deposit of Rs. 4,50,000/- to be made to the deceased’s father within a week.
- Appropriate action can be taken by the court in case of breach of conditions.
- The Trial Court should not be influenced by the observations made by the High Court.
- Rs. 2,50,000/- has already been paid to the father of the deceased.
- The petitioner commits to depositing Rs. 4,50,000/- to the father’s account.
- A compromise has been reached between the parties, with the father of the deceased filing an affidavit.
- The concerned Court has the authority to modify or delete any of the conditions as per the law.
Case Title: BALDEVBHAI AMIRAMBHAI RAVAL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6870/2024
