In a recent judgment, the Gujarat High Court granted regular bail in the case of C.R.NO. 11208035240145 of 2024, involving the State and the Applicant. The Court carefully considered the arguments and relevant documents before reaching this decision. Specific conditions have been imposed on the applicant post-release. Stay informed about the latest developments in this case. #LegalCase #BailGranted #GujaratHighCourt
Facts
- Learned APP waives service of rule for the respondent-State.
Arguments
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11208035240145 of 2024 registered with Gandhigram Police Station, Rajkot.
- The learned Advocate Mr. Jani appearing on behalf of the applicant argues that the main offence is bailable and a settlement has been reached between the parties.
- Considering the allegations made in the application, it is argued that a prima facie case is made out to grant bail.
Analysis
- The Court has considered the affidavit filed by the complainant’s father regarding settlement.
- Based on the above affidavit, the Court has decided to allow the application for bail.
- The Court has listened to the arguments from both sides and examined the relevant documents.
- The State’s representative has opposed the grant of regular bail.
- The Court considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- The Court found that without discussing the evidence in detail, it is a fit case to grant regular bail to the applicant.
- The applicant is ordered to be released on regular bail upon executing a personal bond of Rs.10,000/- with one surety of the like amount.
- Specific conditions are imposed on the applicant upon release, such as not misusing liberty, not obstructing the police investigation, surrendering passport, not leaving Gujarat without permission, marking presence at the police station monthly, providing current address to the Investigating Officer, and not entering the Gandhigram Police Station area except for specific purposes.
- The applicant will only be released if not required in connection with any other offence at that time.
- It is mentioned that breach of any conditions will result in appropriate action by the Sessions Judge concerned.
- The bail bond is to be executed before the lower Court having jurisdiction to try the case.
Decision
- The investigation is complete and a charge-sheet has been filed.
- The concerned Court has the authority to delete, modify, or relax the conditions set forth.
- The trial Court must not be influenced by any preliminary observations made by this Court during the bail process.
- The rule is made absolute to the extent mentioned.
- Direct service is permitted.
Case Title: PRADYUMANSINH ABHAYSINH CHAVDA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9570/2024
