In a recent judgment by the Gujarat High Court, the application for regular bail filed by the State of Gujarat against the accused has been allowed. The case pertains to an incident involving the accused and a victim, as detailed in the FIR filed at Pradhyumannagar Police Station. The Court considered various legal precedents in reaching its decision. Read on for more insights on the judgment.
Facts
- Learned APP waived service of notice of rule for the State of Gujarat
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail
- The FIR registered with the Pradhyumannagar Police Station, Rajkot is for the offence punishable under Section 364(A) of the Indian Penal Code
- The incident took place on 02.01.2024, with the FIR lodged the same day and the applicant arrested on 04.01.2024 and in judicial custody since then
Arguments
- The APP for the respondent-State has opposed the grant of regular bail.
- The nature and gravity of the offence are cited as reasons for the opposition to bail.
- The applicant is requested to be considered for regular bail with suitable conditions.
- The role of the present applicant is clearly outlined in the papers of the chargesheet.
- The application may not be entertained as the applicant’s role is explicitly stated.
- The chargesheet provides sufficient information regarding the present applicant’s involvement.
Analysis
- The FIR does not disclose the particular name of the accused.
- The applicant is said to have supported the main accused and physically assaulted the victim during the crime.
- No other role is attributed to the applicant besides giving kick and fist blows to the victim.
- The chargesheet has been submitted and the investigation is completed.
- The applicant has been in jail since January 4, 2024.
- Considering the role attributed to the applicant during the crime, the application is deemed to be allowed.
- 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.
- The Court also took into account the law from the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.
- The judgments of these cases were analyzed in the context of the present facts.
- This Court, considering the circumstances of the case and the nature of the allegations in the FIR, finds it appropriate to grant the applicant regular bail.
- The Court did not delve into the detailed evidence but found that it is a fit case to exercise discretion in favor of the applicant.
- Accordingly, the present application for bail is allowed by the Court.
Decision
- The applicant is ordered to be released on regular bail in connection with the FIR
- Bail bond to be executed before the lower Court having jurisdiction to try the case
- Specific conditions to be followed upon release including not misusing liberty, surrendering passport, marking presence at the Police Station, etc.
- The concerned Court has the authority to modify or relax any of the conditions as per the law
- Direct service is permitted for any communication regarding the bail conditions
- The trial Court is instructed not to be influenced by any preliminary observations made by this Court during the bail granting process
Case Title: JERAMBHAI JADAVBHAI MEVASIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8300/2024
