In a recent judgment by the Gujarat High Court, bail has been granted to Applicant No.2 in connection with FIR NO.11822009240363/2024. The case involved multiple offences under different sections of the IPC, Atrocity Act, and G.P. Act. The allegations primarily targeted Applicant No.1, with Applicant No.2 accused of abetment. With investigations ongoing and FSL reports pending, the Court decided to grant bail to Applicant No.2 based on current allegations. Conditions have been set to ensure compliance and risk of breaching bail terms. The Rule is made absolute, with direct service permitted.
Facts
- The prosecutrix consumed 18 paracetamol tablets and was admitted to Smimer Hospital, Surat.
- FIR lodged for multiple offences under different sections of IPC, Atrocity Act, and G.P. Act.
- Arguments presented by learned advocates for and against the bail application of applicant no.2.
- Allegations against applicant no.2 involve abetment in the crime rather than direct involvement.
- Investigation papers reveal allegations primarily directed at accused no.1, with FSL report pending.
- Court decides to grant regular bail to applicant no.2 based on current allegations and conclusion of investigation.
- Conditions set for the bail include personal bond, passport surrender, monthly presence at Police Station, etc.
- Release granted only if not involved in any other offence, with repercussions for breaching bail conditions.
Analysis
- Applicant No.1’s application seeking regular bail was filed in connection with FIR NO.11822009240363/2024 registered with Chikhli Police Station.
- The prosecution’s case states that the complainant is serving in a beauty parlour and is staying with her grandparents due to her father’s passing and her mother’s absence.
- Applicant No.1 left her and is staying with another person named Jitubhai Patel.
- On 21.03.2024, she received a call from an unknown number and started speaking frequently on this number.
Decision
- Bail bond to be executed before the lower Court with jurisdiction.
- Court has the authority to modify or relax conditions as per law.
- Trial Court should not be influenced by prima facie observations in this order.
- Rule is made absolute to the extent mentioned.
- Direct service is permitted.
Case Title: DHARMESHBHAI S/O. DINAKARRAY MANCHHARAM JOSHI Vs. STATE OF GUJARAT
Case Number: R/CR.A/1005/2024
