The Gujarat High Court has issued a significant judgement on the bail application filed by Bharat Financial Limited against the accused in the case related to FIR C.R. No.11823004231465 of 2023 at Dediapada Police Station, Narmada. The offences under Sections 409, 420, and 114 of the Indian Penal Code have been extensively discussed in the court’s decision. The prosecution’s reliance on documentary evidence and the specific details of the case have played a crucial role in this legal battle.
Facts
- The present bail application is filed under Section 439 of the Code of Criminal Procedure, 1973.
- The application is for regular bail in connection with FIR C.R. No.11823004231465 of 2023 at Dediapada Police Station, Narmada.
- The offences involved are punishable under Sections 409, 420, and 114 of the Indian Penal Code.
- The bail application is filed after the chargesheet has been submitted.
- The FIR names a total of 2 accused persons, and the bail application of the co-accused has already been considered.
Arguments
- The present applicant-accused is alleged to have misappropriated the amount from Bharat Financial Limited.
- All the offenses are exclusively triable by the Court of Magistrate.
- There is no chance to tamper with the documents as per the submission.
- Considering the penal provision mentioned in the statute, the bail application of the present applicant-accused may be entertained.
- Opposition to grant of regular bail by the learned APP on behalf of the respondent-State due to the nature and gravity of the offence.
- Applicant-accused willing to deposit the entire amount without disputing rights and contentions.
- Role of the applicant clearly outlined in the chargesheet papers.
- Filing of undertaking by the applicant to abide by the conditions.
Analysis
- The prosecution’s case heavily relies on the documentary evidence collected by the investigating officer during the investigation.
- The IO has gathered all relevant documents that are crucial to prove the case against the accused.
- The documentary evidence is considered the key pillar supporting the prosecution’s argument.
Decision
- The trial Court should not be influenced by preliminary observations made by this Court during bail proceedings.
- The rule is absolute in this regard.
- Direct service is permitted with the option for the concerned Court to modify or delete any conditions as per the law.
Case Title: AJAYBHAI GUMANBHAI VASAVA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9009/2024
