In a significant development, the Gujarat High Court has granted regular bail in connection with CR No. 11208002230288 of 2023. The court’s decision comes after careful consideration of the arguments presented by the applicant’s advocate and the opposition by the State of Gujarat, represented by the learned APP. Learn more about this case and the implications of this judgment in the legal landscape.
Arguments
- The victim girl has turned hostile and not supported the case of the prosecution.
- Even the complainant has not supported the case of the prosecution.
- Investigation is already concluded before the filing of the application for bail.
- The applicant had been previously arrested on 05.05.2023 and has been in judicial custody since then.
- The present application is filed for regular bail under Section 439 of the CrPC in connection with CR No. 11208002230288 of 2023 for various offenses.
- The applicant’s advocate seeks regular bail with suitable conditions considering the nature of the offense.
- The respondent State, represented by the learned APP, has opposed the grant of regular bail
- The opposition is based on the nature and gravity of the offence in question
Analysis
- Learned advocates from both parties have presented their arguments.
- The court has reviewed the investigation papers and examined the allegations against the applicant.
- The victim, after a previous withdrawal of the application, has now testified but did not support the prosecution’s case and turned hostile.
- The court is inclined to consider the current bail application due to this development.
- This is the successive bail application for the applicant.
- Considering the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Prima facie, the Court deems it a fit case to grant regular bail to the applicant based on the nature of allegations in the FIR.
- 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.
- Conditions for granting bail include not misusing liberty, acting against the prosecution, surrendering passport, seeking permission to leave the state, reporting to the police station regularly, maintaining current residence information, and not being required in connection with any other offense.
- The Sessions Judge can take necessary action in case of any breach of the bail conditions.
Decision
- Leave to amend is granted and the trial court is directed to not be influenced by preliminary observations made during bail hearing.
- The present application is allowed and the rule is made absolute.
- Direct service is permitted.
Case Title: DHRUV @ DHAVAL GIRISHBHAI GOHEL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8338/2024
