In a recent judgment by the Gujarat High Court, bail has been granted to the applicant in the case of State v. [Applicant]. The court considered various factors before reaching this decision. Stay tuned for more updates on this case.
Facts
- Learned APP waives service of notice of Rule on behalf of the respondent-State.
- The notice is accepted on behalf of the State.
- An application is taken up for disposal.
- The learned counsel for the applicant seeks permission to withdraw the same, which is allowed.
Arguments
- The respondent State strongly argues that the applicant inflicted a blow with an iron pipe on the victim’s head, resulting in severe injuries.
- The offences charged are deemed serious due to the nature of the attack and allegations against the applicant.
- The investigation is complete, and a Charge-sheet has been filed, indicating a progressed legal process.
- The applicant’s advocate argues that the applicant is not a flight risk, and the victim’s condition is currently stable.
- The bail application under Section 439 of the Code of Criminal Procedure pertains to FIR No. 11211025230569 of 2023 at Joravarnagar Police Station, District Surendranagar.
- The applicant’s lawyer suggests the possibility of granting regular bail with appropriate conditions, given the nature of the offense and the applicant’s role in the incident.
Analysis
- Three main factors considered by the court: prima facie case, availability of Applicant accused at trial, tampering with witnesses by the accused.
- Court also considered additional aspects in the decision making process.
- The present application is deemed deserving of being allowed based on the above factors.
- The law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
- The nature of allegations made in the FIR are considered without discussing evidence in detail.
- The court is of the prima facie view based on the allegations made in the FIR.
Decision
- The applicant is ordered to be released on bail in connection with the FIR.
- The bail bond must be executed before the lower court having jurisdiction to try the case.
- The applicant must provide contact numbers and the contact numbers of the sureties to the Trial Court.
- In case of a change in contact numbers, the Trial Court must be informed immediately in writing.
- The applicant must file an affidavit stating immovable properties with descriptions, locations, and present values before the Trial Court, if any.
- Not leaving India without prior permission of the Trial Court is mandatory.
- If the accused does not possess a passport, an affidavit to that effect must be filed.
- The passport, if any, must be surrendered to the Trial Court within a week.
- Conditions include not inducing, threatening, or promising to dissuade anyone from disclosing facts or tampering with evidence, maintaining law and order, and not engaging in criminal activities.
- Furnishing documentary proof of complete, correct, and present address of residence to the Investigating Officer and Trial Court at the time of executing the bond is necessary.
- Not changing residence without prior permission of the trial Court is required.
Case Title: BIRENDRABHAI @ VIRENDRABHAI PRAKASHBHAI CHAVDA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10708/2024
