In a recent judgment by the Gujarat High Court, regular bail was granted in a case involving Sanjay Chandra and Satender Kumar Antil. The court’s decision marks a significant development in the legal proceedings, emphasizing the importance of evidence and discretion in granting bail. This judgment is a noteworthy milestone in the justice system, setting a benchmark for similar cases.
Facts
- The present application is filed for regular bail in connection with FIR C.R. No.11207024230653/2023
- The applicant was arrested on 22.08.2023 and has been in judicial custody since then
- Investigation is completed and chargesheet has been submitted
- Earlier bail application was withdrawn for filing fresh after recording the evidence of the victim
- Victim’s evidence does not support the prosecution’s case
Arguments
- Learned APP for the respondent-State has opposed grant of regular bail based on the nature and gravity of the offence.
- The role of the present applicant is clearly outlined in the chargesheet.
- The application for bail is not entertained based on the submissions made by the learned advocates.
Analysis
- Nature of the offense is considered
- Applicant may be enlarged on regular bail
- Imposing suitable conditions recommended
- The court considered the evidence of the victim who did not support the prosecution’s case and was declared hostile.
- The present bail application was filed after the submission of the chargesheet and completion of the investigation, with the applicant already in jail since 22.08.2023.
- The applicant’s role at the time of the crime was taken into account during the analysis.
- The court cited relevant legal precedents from 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 found it a fit case to exercise discretion and grant regular bail.
- The applicant was ordered to be released on regular bail upon executing a personal bond of Rs.15,000/- with specific conditions to be followed.
Decision
- The trial Court should not be influenced by preliminary observations made by this Court when granting bail.
- The rule is made absolute to this extent.
- Direct service is permitted.
- The applicant must inform the Court and officer about any change in residence.
- The applicant will only be released if not required for any other offences at the time.
- The bail bond should be executed before the lower Court with jurisdiction.
- The concerned Court has the authority to modify or relax any of the conditions stated.
- If any condition is breached, the concerned Sessions Judge can issue a warrant or take appropriate action.
Case Title: VIJAYBHAI MANSINH BARIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8293/2024
