Conditional Bail Granted Despite Active Role Caught on CCTV.


30 December 2024 Bail and Antcipatory Bail >> Criminal Law  

An application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the applicants involved in FIR No. 11195034240969 of 2024, registered at Palanpur East Police Station, Banaskantha, for offences under Sections 118(2), 189, 190, 191, and 296 of the B.N.S., 2023.

The applicants contended their innocence, citing parity with co-accused already granted bail and willingness to comply with any conditions set by the court. In contrast, the prosecution opposed the bail application, emphasizing the severity of the offence. The police report revealed that the victim had received 29 stitches but was now in stable condition.


 

 

The court considered the prima facie case, likelihood of the applicants fleeing, potential for tampering with witnesses, and the applicants' custody since 03.12.2024. Citing the Supreme Court's principles in Sanjay Chandra v. C.B.I. (2012) 1 SCC 40, the court evaluated the gravity of the allegations, the applicants' role, and their availability during the trial.

Despite CCTV evidence suggesting the applicants' active involvement and ruling out parity, the court granted bail, noting the victim's recovery and the completion of custodial interrogation. Bail was granted with strict conditions, including regular reporting to the police station, non-interference with witnesses, restrictions on leaving Gujarat, and surrendering passports. The court clarified that observations made in this order would not influence the trial.