27 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   FIR >> Criminal Law  

A court in Gujarat in the matter of Vaibhav Rajendra - Raju Prabhakar Patil Vs State of Gujarat has granted bail to a senior citizen accused of involvement in a crime. The applicant's name was not mentioned in the FIR for a serious offense, but the prosecution claimed his farm was used in connection with the incident.

Facts:

The applicant, whose details are not disclosed to protect privacy, is a senior citizen residing in Gujarat. He was arrested in connection with a First Information Report (FIR) registered at Keshod Police Station, District Junagadh. The applicant's lawyer argued that their client is a senior citizen with no criminal history. They further emphasized that the applicant was not named in the FIR for the most serious offense mentioned in the report.

Court's Decision:

The court acknowledged that the applicant was not directly accused of the main offense and considered the applicant's age and lack of criminal background. The court also noted that the charge sheet had been filed.

Relying on a relevant Supreme Court precedent, the court determined this a fit case for bail. The applicant was granted release on a personal bond of Rs. 10,000 with one surety and subject to several conditions, including:

• Maintaining good behaviour and not interfering with the investigation.
• Surrendering passport (if applicable) and informing authorities of any change in residence.
• Obtaining permission from the court before leaving the state or entering the Keshod Police Station area (except for court appearances and police station visits as mandated).
• Regularly reporting to the designated police station for a set period.

Section 439., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973  

Section 143., Indian Penal Code - 1860  

Section 147., Indian Penal Code - 1860  

Section 148., Indian Penal Code - 1860  

Section 149., Indian Penal Code - 1860  

Section 307., Indian Penal Code - 1860  

Section 324., Indian Penal Code - 1860  

Indian Penal Code, 1860