In a recent ruling by the Gujarat High Court, in the case of State of Gujarat v. [Applicant’s Name], bail has been granted to the applicant who was arrested under various sections of the Gujarat Prohibition Act. The court considered various factors including prima facie case and the applicant’s role in the offense. Find out more about the judgement and the conditions for bail in this summary.
Facts
- Learned Additional Public Prosecutor waived service of notice of Rule on behalf of the respondent- State of Gujarat.
Arguments
- Applicant is the sole breadwinner of his family
- Applicant has roots in the community and is not likely to abscond
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail
- FIR registered against applicant under various sections of the Gujarat Prohibition Act
- Applicant’s advocate claims the applicant is innocent and falsely implicated
- Applicant was not found with possession of liquor but implicated as a purchaser
- The Additional Public Prosecutor representing the respondent-State opposes regular bail due to the nature and gravity of the offence.
- The investigation is complete, and the charge-sheet has been filed, reducing the possibility of tampering with evidence.
- The applicant has been in judicial custody since 01.03.2024.
- The advocate for the applicant argues that based on the nature of allegations and the applicant’s role, regular bail should be granted with appropriate conditions.
Analysis
- The learned advocates do not invite reasoned order, as per a catena of decisions of the Hon’ble Supreme Court.
- The three factors required to be considered by the court are prima facie case, availability of applicant at the time of trial, and the possibility of tampering with witnesses by the accused.
- Investigation is complete, charge-sheet is submitted, and there is no likelihood of evidence tampering.
- The applicant is unlikely to flee, according to the applicant’s advocate.
- The role of the applicant is that of a proposed buyer, with the proposed supplier already granted bail.
- 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 is considered.
- In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, discretion is required to be exercised in favor of the applicant.
- The applicant is to be enlarged on regular bail based on the above considerations.
- Furnish latest and permanent address of residence to the Investigating Officer and the Court at the time of bond execution.
- Cannot change residence without prior permission from the Court.
- Will only be released if not required in connection with any other offense.
Decision
- The applicant is ordered to be released on regular bail for the offence under the Gujarat Prohibition Act.
- Conditions for the bail include marking presence before the concerned Police Station every Monday of each month, not misusing liberty, surrendering passport, and not leaving the State.
- Bail bond of Rs. 10,000/- with one surety to be executed before the Trial Court.
- The applicant has been in custody since 01.03.2024.
- Observations made by the Court while granting bail should not influence the trial proceedings.
- The Trial Court has the authority to modify or relax the imposed conditions as per the law.
Case Title: RAMESHBHAI GORJIBHAI SANGOD Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9195/2024
