In a recent judgment by the Gujarat High Court, regular bail was granted in the case of FIR C.R. No. 11211045230332/2023. The Court considered the facts and circumstances before allowing the applicants to be released on bail. Stay tuned to learn more about the details of the case and the conditions set for the bail order.
Facts
- The applicants have filed for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
- The applicants were arrested in connection with FIR C.R. No. 11211045230332/2023 for offences under IPC Sections 286 and 114, and Explosive Substance Act Sections 4, 9(b)(1-b), and 12.
- The incident in question took place on 30.09.2023, with the FIR lodged on the same day.
- The applicants have been in judicial custody since their arrest on 16.05.2024.
- The virtual investigation has been concluded before the submission of the chargesheet.
- The FIR initially named 5 accused persons, with the applicant not being one of them. However, the applicant was implicated based on statements from co-accused individuals.
- The applicants content that they have been falsely implicated and should be granted bail.
- The learned advocate for the applicants has presented these arguments before the court.
Arguments
- The learned advocate for the petitioner argued that the co-accused named in the FIR have already been granted anticipatory bail and regular bail by the Coordinate Bench and this Court.
- On the basis of parity, the advocate requested regular bail for the petitioner with suitable conditions.
- The learned APP representing the State objected to the grant of regular bail citing the gravity of the offence.
- The role of the present applicants is clearly defined in the chargesheet.
- The application may not be entertained as their role is evident from the available documents.
- Advocates representing both parties do not request a detailed order on this matter.
Analysis
- The learned advocates representing the parties have been heard
- Papers of the investigation have been perused
- Allegations against the applicants have been reviewed
- Applicant’s role in the matter has been considered
- Application filed before the chargesheet submission
- Virtual investigation is completed
- Applicants have been in jail since 16.05.2024
- Considered the role of the present applicants at the time of the commission of the crime
- Compared the role of the co-accused who have been considered for anticipatory bail and regular bail
- Ground of parity considered for allowing the present application
- Taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation
- Also considered the law laid down in the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- The Court considered the facts and circumstances of the case.
- The nature of the allegations made against the applicants in the FIR was taken into account.
- The Court did not discuss the evidence in detail but found it a fit case for granting bail.
- The discretion of the Court was exercised in favor of enlarging the applicants on regular bail.
- The present application for bail was allowed.
Decision
- The applicants are ordered to be released on regular bail in connection with the FIR being C.R. No.11211045230332/2023 registered with the Sayla Police Stations, Surendranagar.
- They are required to execute a personal bond of Rs.15,000/- each with one surety of the like amount to the satisfaction of the trial Court.
- Conditions include not misusing liberty, not acting in a manner injurious to the prosecution, surrendering passport if any, not leaving Gujarat without court permission, marking presence at the Police Station every alternate Monday for six months, and furnishing current address.
- The trial Court has the authority to modify or relax the bail conditions if required.
- Direct service is permitted and any breach of conditions may lead to appropriate action by the concerned Sessions Judge.
- The bail bond should be executed before the lower Court having jurisdiction over the case.
- During trial, the Court should not be influenced by any preliminary observations made by this Court regarding the evidence during bail.
- The applicants must inform the Investigating Officer and the Court before changing residence and can only be released if not required for any other offense at that time.
Case Title: ASLAMBHAI HUSENBHAI KALAGATHARA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10764/2024
