In a landmark judgment by the Gujarat High Court, bail has been granted to the accused in the State v. [Applicant’s Name] case. This ruling showcases the court’s commitment to upholding justice while considering the nuances of the law. The decision marks a critical moment in the legal proceedings involving the State and the accused individual. Stay tuned for more updates on this evolving case.
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
Arguments
- The learned APP representing the State strongly opposes the bail application
- The charges against the applicant are serious in nature
- The APP argues that based on the facts and allegations, there is no need for leniency
- The APP requests that no discretion should be exercised in favor of the applicant
Analysis
- The allegations against the present applicant were considered in light of the recovered amount of cash and van
- The recovery of the entire amount of cash along with the van was noted
- The involvement of other co-accused was also mentioned in the analysis
Decision
- The concerned Court has the authority to modify or relax any of the conditions mentioned in the bail order as per the law.
- The trial Court should not be influenced by the bail bond executed before the lower court.
- Direct service is allowed in this case.
- The applicant will only be released if not required in connection with any other offense.
- If there is a breach of any conditions, the Sessions Judge can issue a warrant or take appropriate action.
- Three main factors to be considered by the court are prima facie case, availability of the accused at trial, and tampering with witnesses.
- The Applicant accused is not likely to flee as per the submission by the Advocate.
- The Applicant has been in custody since a specific date.
- The bail decision is supported by the law laid down by the Hon’ble Apex Court in Sanjay Chandra v. C.B.I.
- Considering the allegations in the FIR, the court sees fit to grant bail to the applicant.
- The applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the same amount.
- Various conditions are imposed on the applicant including not tampering with evidence, maintaining law and order, providing contact details, affidavit of properties, not leaving India without permission, and surrendering passport if applicable.
- The court has considered the observations made in the order and finds the application deserving of consideration.
Case Title: DINESH VELJI FUFAL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9138/2024
