The Gujarat High Court recently issued a significant ruling on a bail application in the case of State vs. [Applicant’s Name]. The Court considered various factors related to the alleged offense, the applicant’s involvement, and the prosecution’s objections before granting bail. This judgement sets a precedent for similar cases in the future. Stay informed about the legal developments with this insightful summary.
Facts
- Present application filed under Section 439 of the Code of Criminal Procedure, 1973.
- Application is for regular bail in connection with FIR C.R.NO.11191015240085 of 2024.
- FIR registered with Nikol Police Station, Ahmedabad.
Arguments
- Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail
- Opposition is based on the fact that the mobile phone in question was found with the applicant
- The respondent also highlighted the applicant’s past antecedents
- The APP has prayed for the dismissal of the present bail application
Analysis
- The prosecution asserts that the present applicant participated in snatching a mobile phone from someone.
- The seriousness of the offense and the allegations against the present applicant necessitate a thorough consideration of the current application.
- Applicant allowed regular bail in connection with FIR C.R.NO.11191015240085 of 2024 registered with Nikol Police Station, Ahmedabad.
- Bail set at Rs.10,000 with one surety of the like amount.
- Conditions for bail include not misusing liberty or acting against prosecution’s interest, surrendering passport, staying in Gujarat, marking monthly presence at police station, informing about change of residence, and not leaving the state without permission.
- Applicant will only be released if not required in connection with any other offence.
- Sessions Judge can issue warrant for breach of bail conditions.
- Bail bond to be executed before lower Court with jurisdiction.
Decision
- The concerned Court has the authority to modify or relax the conditions specified in the judgement.
- During the trial, the trial Court should not be influenced by any preliminary observations made by the Court while granting bail.
- The rule is made absolute to the extent mentioned in the judgement.
- Direct service for the process is permitted as per the judgement.
Case Title: BHARATBHAI S/O FAKIRBHAI SAVABHAI PARMAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10936/2024
