03 July 2025 Bail and Antcipatory Bail >> Criminal Law  

The Gujarat High Court has granted regular bail to an appellant (accused number 8) in connection with an FIR registered under Sections 302 (murder), 452 (house-trespass), 120(b) (criminal conspiracy), 34 (common intention), 506(2) (criminal intimidation), and 201 (causing disappearance of evidence) of the Indian Penal Code, along with Sections 3(2)(5) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and Section 135 of the Gujarat Police Act.

The appellant had previously been granted bail, but a non-bailable warrant was issued against him on March 1, 2024, because he failed to appear before the court and his advocate did not file an exemption application. Consequently, he was taken into judicial custody. This appeal was filed after his subsequent regular bail application was rejected by the concerned court.

The appellant's counsel argued that the appellant had largely adhered to the previous bail conditions, and his absence was a one-time lapse. They emphasized that the chargesheet has already been filed, the investigation is complete, and several witnesses have been examined. The counsel also assured the court that the appellant would strictly adhere to any new terms and conditions imposed.

The Assistant Public Prosecutor, representing the State, opposed the bail, highlighting that the appellant had violated a specific condition of his previous bail, which required his personal presence at every hearing, leading to delays in the trial.

After considering the arguments and reviewing the case records, the High Court noted that the appellant has been in jail since March 1, 2024, and the investigation is complete. Despite the previous violation of bail conditions, the court considered the assurance given by the appellant to remain present before the concerned court.

The court referred to Supreme Court judgments in Sanjay Chandra Vs. Central Bureau of Investigation and Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., which provide guidelines for granting bail.

Ultimately, the High Court found it a fit case to exercise its discretion and ordered the appellant's release on regular bail upon executing a personal bond of Rs. 15,000/- with one surety of the like amount. The bail is subject to several conditions, including:

• Not taking undue advantage of liberty or misusing it.
• Not acting in a manner injurious to the prosecution's interest.
• Surrendering his passport, if any, within a week.
• Not leaving the State of Gujarat without prior court permission.
• Marking presence at the concerned Police Station on alternate Mondays for six months.
• Furnishing his current residential address and not changing it without court permission.

The court clarified that these observations are preliminary and will not influence the trial court's decision on the evidence.

  Indian Penal Code, 1860  

  Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989