In a recent judgment, the Gujarat High Court has granted bail in connection with FIR No. 11187008240247 of 2024. The court analyzed various factors before reaching this decision, emphasizing the importance of personal liberty and the presumption of innocence. Stay updated with the latest legal news in our detailed summary of this case.
Facts
- Learned APP waives service of notice of Rule on behalf of the respondent-State.
- Regular bail application filed under Section 439 of the Code of Criminal Procedure.
- FIR No. 11187008240247 of 2024 registered with Virpur Police Station, District Mahisagar.
- Learned advocate for the applicant presents the case.
Arguments
- The applicant has been acquitted for the offence under the Gujarat Prohibition Act, 1949.
- The acquittal order was passed by the Judicial Magistrate First Class, Virpur on 07.02.2024.
- The learned APP representing the State strongly argues that the charged offenses are serious in nature.
- The APP emphasizes that the allegations against the applicant are significant.
- It is suggested that the nature of the offense and the role of the applicant justify bail with appropriate conditions.
- The APP recommends granting regular bail to the applicant.
Analysis
- The court has considered the three main factors required to be analyzed in the case, which include prima facie case, availability of the Applicant accused during trial, and potential tampering with witnesses.
- The Advocate for the Applicant has argued that the accused is not likely to flee.
- The Applicant has been in custody since 02.05.2024, indicating a lack of opportunity to evade trial.
- Considering the facts and the role attributed to the Applicant, the court finds that the application deserves to be allowed.
- Pre-trial release is the norm and putting a person behind bars should be an exception.
- Bail not jail is the rule when it comes to personal liberty.
- Denial of bail amounts to deprivation of personal liberty.
- Bail should not be declined as a punishment.
- Bail should not be refused as a measure of pre-trial conviction.
Decision
- The applicant is granted bail in connection with the FIR upon execution of a bond of Rs. 10,000/- and providing one surety of the same amount to the satisfaction of the trial court.
- The applicant must not influence any person acquainted with the facts of the case to withhold information or tamper with evidence.
- It is mandatory for the applicant to uphold law and order and refrain from engaging in criminal activities.
- The applicant is required to furnish proof of current address to the Investigating Officer and the Trial Court and must seek permission before changing residences.
- Contact numbers of the applicant and sureties must be provided to the Trial Court, with immediate updates in case of any changes.
- The applicant will only be released if not needed in connection with any other offense at the moment.
- In case of breaching any conditions, the Sessions Judge can issue a warrant or take necessary action.
- The Trial Court holds the authority to modify or relax any of the aforementioned conditions as per the law.
- The observations made by this Court in the present order should not influence the trial court during the trial.
- If the accused does not possess a passport, they must file an affidavit confirming the same.
- An affidavit detailing any immovable properties owned by the applicant must be submitted to the Trial Court.
- The applicant should not leave India without prior permission from the Trial Court.
- If the applicant owns a passport, it must be surrendered to the Trial Court within a week.
- The bail bond should be executed before the lower court with jurisdiction over the case.
- Direct service of this order is permitted.
Case Title: SOLANKI RANJITBHAI KALUBHAI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9440/2024
