In a recent ruling by the Gujarat High Court, bail has been granted to the accused in the State v. [Applicant Name] case. This decision comes after careful consideration of the nature of the allegations, severity of punishment, and other relevant factors. Stay tuned for more updates on this important legal development.
Facts
- The Learned APP waived service of Rule on behalf of the Respondent State.
- Service of Rule is not required as the State is already represented by the Learned APP.
- This waiver indicates the State’s willingness to participate in the legal proceedings.
Arguments
- The applicant inflicted a blow with a knife upon the body of the first informant, resulting in the amputation of the first informant’s little finger.
- The role of the present applicant is considered more serious than that of the other co-accused.
- The principle of parity does not apply due to the gravity of the applicant’s offense.
- The applicant is willing to comply with any conditions if granted bail.
- The investigation is complete, and a charge-sheet has been filed.
- The learned advocate for the applicant argues that the applicant has a good reputation in society and does not need to be kept in jail indefinitely.
- The learned APP vehemently opposes the bail application, emphasizing the severe nature of the assault and the direct involvement of the applicant in the offense.
Analysis
- Three main factors considered by the court based on Supreme Court decisions: prima facie case, availability of Applicant accused at trial, and tampering with witnesses.
- Applicant accused not likely to flee according to the Advocate.
- Court heard the arguments of both parties and reviewed the case record.
- Weighed factors such as nature of allegations, gravity of accusation, and role of Applicant accused.
- Based on analysis, the Application was allowed and stands allowed.
- The concept of grant of bail is founded on the principle of presumption of innocence until proven guilty. It is not dependent on the nature of the accusation but on the severity of punishment in case of conviction.
- The Apex Court held that bail cannot be denied in a mechanical manner, and each case should be considered on its individual merits.
- The nature of the accusations, severity of punishment, the character of the evidence, the severity of the punishment involved and other factors must be considered while deciding on bail applications.
- The Hon’ble Court emphasized that personal liberty is paramount and bail should not be withheld as a punishment.
- Pre-trial detention should only be resorted to if it is absolutely necessary.
- The court must balance the right to liberty with the interests of justice while deciding on bail applications.
Decision
- The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.
- It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
- In case of change in contact numbers, inform in writing immediately to the trial Court.
- File an affidavit stating immovable properties before the Trial Court.
- Not leave India without prior permission of the Trial Court.
- Surrender passport to the Trial Court within a week, or file an affidavit if not in possession of a passport.
- Not enter the area of Vav Police Station till the conclusion of trial except for attending the trial court.
- Bail bond to be executed before the Trial Court having jurisdiction.
- Provide contact numbers and sureties’ contact numbers before the Trial Court.
- Previous order by the learned Sessions Court disallowing bail application considered.
- Applicant ordered to be released on bail on certain conditions.
- Conditions include not making inducements, maintaining law and order, providing proof of correct address, and not changing residence without permission.
- If conditions are breached, Trial Court can issue warrant or take appropriate action.
- Trial Court should not be influenced by observations made in the current order.
- Applicant has been in custody since 15.1.2024.
Case Title: VIKRAMBHAI S/O MANABHAI HAMIRBHAI BHIL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6636/2024
