In a significant legal development, the Gujarat High Court has granted regular bail in the case related to CR No. I-11822023210266 of 2021 with Maroli Police Station, Navsari. This decision marks a crucial milestone in the justice system, ensuring fairness and adherence to the law. Stay tuned for more updates on this case. #BailGranted #GujaratHighCourt #LegalVictory #JusticeServed
Facts
- The applicant has filed for regular bail under Section 439 of the CrPC in connection with FIR CR No. I-11822023210266 of 2021.
- The FIR was registered at Maroli Police Station, Navsari for offences under Sections 302, 120(b), 201, and 34 of IPC as well as Section 135 of the Gujarat Police Act.
- The applicant’s bail application is being considered in light of the charges against them.
Arguments
- Learned advocate for the applicant argues in favor of granting regular bail with suitable conditions citing the nature of the offence.
- The learned Additional Public Prosecutor representing the respondent-State opposes the grant of regular bail emphasizing the seriousness and gravity of the offence.
Analysis
- The FIR was registered on 19-03-2021 for an offence alleged to have occurred on 15-03-2021.
- The applicant has been in custody since 19-03-2021.
- Investigation has concluded and a charge-sheet has been filed.
- The case is based on extra-judicial confession as there are no eye-witnesses to the incident.
- No motive is attributed to the applicant in the case.
- The applicant’s role is said to be driving the co-accused in his Auto-rickshaw.
- The applicant is indicated to be handicapped as per the Chief Medical Officer’s certificate.
- There are no other antecedents against the applicant.
- No special circumstances against the applicant have been brought on record by the Investigating Officer.
- The Court considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
- Without discussing the evidence in detail, the Court is of the opinion that this is a fit case to grant regular bail to the applicant.
- The applicant is ordered to be released on regular bail in connection with C.R. No. I-11822023210266 of 2021 with Maroli Police Station, Navsari.
- The applicant must execute a personal bond of Rs. 10,000 with one surety of the like amount to the satisfaction of the trial Court.
- Conditions for the bail include not misusing liberty, not acting in a manner injurious to the interest of the prosecution, surrendering passport if any, not leaving the State of Gujarat without permission, marking presence at the concerned Police Station once a month, and furnishing the present address of residence to the Investigating Officer and the Court.
Decision
- Bail bond to be executed before the lower Court having jurisdiction to try the case.
- Direct Service is permitted.
- Rule is made absolute to the aforesaid extent.
- The concerned Court can modify or relax the conditions as per law.
- The applicant is allowed to reside without prior permission of Trial Court.
- The trial Court should not be influenced by preliminary observations made by this Court during the bail hearing.
- The applicant will only be released if not required for any other offenses at the time.
- If any condition is breached, the Sessions Judge can issue a warrant or take appropriate action.
Case Title: CHANDRABHUSHAN @ BAJRANGI CHHITESHWAR PARMESHSINH (RAJPUT) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/22440/2023
