In a recent judgment by the Gujarat High Court, the Court granted regular bail in the case of State v. [Applicant Name]. The Court carefully considered the allegations and legal arguments presented by the respective advocates. This decision follows a thorough analysis of the nature of the offence and the law laid down by the Supreme Court. Stay tuned for more updates on this significant legal development.
Facts
- Learned APP waives service of rule for the respondent-State.
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-C.R.No. 11191021240196 of 2024 registered with Gaikwad Haveli Police Station, Ahmedabad.
Arguments
- The Respondent State has opposed the grant of regular bail
- The investigation of the offence is still in progress
- The State argues against the bail considering the nature of the offence
- The applicant’s lawyer suggests bail with suitable conditions
Analysis
- The court analyzed the allegation against the present applicant regarding the slaughter of a goat.
- The learned advocates representing the respective parties were heard in the case.
- The court examined the papers related to the case before reaching a decision.
- It is crucial to determine the involvement of the present applicant and other co-accused in the alleged slaughter.
- The legal arguments presented by the advocates were taken into consideration during the analysis.
- The court considered the seriousness of the offence and the allegations against the applicant.
- The court took into account the law laid down by the Supreme Court in the case of Sanjay Chandra v. Central Bureau of Investigation [2012] 1 SCC 40.
- In the facts and circumstances of the case, the Court deems it fit to grant the applicant regular bail.
- The nature of allegations in the FIR has been considered by the Court.
- The Court has decided to exercise its discretion in favor of granting bail to the applicant.
- The application for bail has been allowed by the Court.
Decision
- Applicant ordered to be released on regular bail in connection with the aforesaid FIR.
- Bail amount set at Rs. 10,000 with one surety of the same amount.
- Conditions for bail include not misusing liberty, not obstructing police investigation, surrendering passport, not leaving Gujarat without permission, marking monthly presence at police station, providing current address to Investigating Officer, and not changing residence without permission.
- Applicant will only be released if not required in connection with any other offense.
- Sessions Judge empowered to take action in case of breach of bail conditions.
- Bail bond to be executed before lower Court with jurisdiction.
- Lower Court can modify or relax bail conditions as per law.
- Trial Court instructed not to be influenced by preliminary observations made by the Court granting bail.
Case Title: LALITABEN RAMESHBHAI SARGARA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9605/2024
