In a recent judgment by the Gujarat High Court, regular bail has been granted to the applicant in the case of State v. [Applicant]. Despite the seriousness of the offense alleged in the FIR, the Court found fit to release the applicant on bail with strict conditions. The decision sets a precedent for similar cases in the future. Stay tuned for more details on this significant legal development.
Facts
- The applicant has filed the application for regular bail under Section 439 of the CrPC.
- Out of 59 witnesses, only 7 have been examined and none of them supported the prosecution’s case.
- The FIR was registered under various sections of the IPC and G.P. Act.
- Considering the lack of witness support, the applicant seeks bail in this case.
Arguments
- Learned Advocate for the applicant is seeking regular bail for the applicant by imposing suitable conditions due to the nature of the offence.
- FSL report has been received during the trial.
- The learned Additional Public Prosecutor representing the respondent-State is against the grant of regular bail citing the seriousness of the offence.
- The co-accused, whose husband is the victim, has already been granted regular bail.
Analysis
- FIR registered on 20-01-2019 for an alleged offence on 19-01-2019.
- Applicant in custody since 21-01-2019.
- Investigation concluded and charge-sheet filed.
- No special circumstances against the applicant brought on record by the Additional Public Prosecutor.
- Applicant’s clothes seized during investigation show no blood stains, unlike the co-accused who was granted bail.
- The Court considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- Without discussing the evidence in detail, the Court found it a fit case to grant the applicant regular bail.
- The applicant is ordered to be released on regular bail upon executing a personal bond of Rs.10,000 with one surety of the like amount.
- Specific conditions were imposed on the applicant, including not misusing liberty, not obstructing the investigation, surrendering passport within a week, not leaving the State of Gujarat without permission, and marking monthly presence at the Police Station.
- The applicant’s bail is subject to these conditions for a period of six months.
Decision
- The bail bond is to be executed before the lower Court having jurisdiction.
- Direct Service is permitted for execution of the bail bond.
- The lower Court has the authority to modify or relax the conditions set by the higher Court.
- The trial Court should not be influenced by the preliminary observations made by the higher Court while granting bail.
- The applicant must inform the Investigating Officer and Court of any change in residence.
- The applicant will only be released if not required in connection with any other offense.
- If any conditions are breached, the Sessions Judge can issue a warrant or take appropriate action.
Case Title: ABHISHEK AVDHESHKUMAR KUSHVAH Vs. STATE OF GUJARAT
Case Number: R/CR.MA/1598/2024
