Gujarat High Court considers the basic grounds to grant bail accused under section 387, 120(B), 34, 389, and 201 of the Penal Code,
TITLE – Manish Champaklal Mehta Versus State of Gujarat
Decided On August 29, 2023
CORAM: Hon’ble Justice Mr. Hasmukh
INTRODUCTION-
The applicant accused has requested release on anticipatory bail through this application under Section 438 of the Criminal Procedure Code, 1973, in the event of his arrest in connection with offences punishable under Sections 387, 120(B), 34, 389, and 201 of the Penal Code, 1860,
FACTS OF THE CASE
The applicant claims that the current applicant has been wrongfully implicated in the alleged crime. Even if the accusations made in the FIR are taken at face value, the present applicant’s only role is that of a platform and contact facilitator for one Rameshbhai Joshi. As a result, the only role assigned to the applicant is that of a mediator, and the present applicant is only accused based on the conversation. Furthermore, at the time the complaint was filed, his statement was recorded, but no accusations were made against him; it was only later that the present applicant was brought into the picture. He also said that the allegations are of a nature that warrants a custodial interview at this time. Additionally, the applicant is accessible during the investigation and won’t resist justice. He added that the coordinate Bench of the Court considers the accused to have played a similar role, so he has asked to grant the current application on the grounds of parity.
COURT ANALYSIS AND DECISION
On behalf of the respondent, the Public Prosecutor testified that anticipatory bail should not be granted due to the seriousness and nature of the crime. Additionally, he claims that the applicant is actively involved in the crime, that he was in contact with the applicant, and that the applicant actively participated in the formation of the conspiracy. As a result, he claims that custodial questioning of the applicant for a thorough investigation is necessary, and he has asked that the current application be dismissed.
It is well-established that among other circumstances, the factors to be taken into account when deciding whether to grant bail are
(i) whether there is any prima facie or reasonable basis to believe that the accused had committed the crime;
(ii) the nature and seriousness of the accusation;
(iii) the severity of the punishment in the event of a conviction;
(iv) the risk that the accused will flee or turn against them if granted bail; and (v) character, behaviour, means, and position Despite the fact that a thorough investigation of the evidence and thorough justifications regarding the grant of bail
This would be sufficient to hold the defendant in judicial custody and consider the prosecution’s request for a police remand. It is made clear that the applicant, even if remanded to police custody, shall be released right away after the allotted time has passed, subject to the other terms of this anticipatory bail order.
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Written by- Steffi Desousa