No active participation of the present applicant has been noticed as he has sublet the contract against the condition of contract, Gujarat High Court Grants bail
TITLE Hathiyabhai Dudhabhai Khunti Versus State of Gujarat
Decided On September 21, 2023
6544 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
INTRODUCTION-
The applicant accused has asked to be released on anticipatory bail in the current application under Section 438 of the Criminal Procedure Code, 1973, in the event that he is arrested in relation to the offences punishable under Sections 3 and 7 of the Essential Commodities Act as well as Sections 406, 409, 120(b), 465, 467, and 471 of the Penal Code, 1860.
FACTS OF THE CASE
The applicant claims that because of the nature of the allegations, a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice. A knowledgeable attorney for the applicant claims that the current applicant has been wrongfully accused of the crime. He is not responsible for the crime.
knowledgeable advocate has argued that the current applicant is an elderly man who has a contract for door-to-door delivery. He hasn’t broken any laws because the current applicant sublet the contract to a man named Rahul, who has since been taken into custody. It is asserted that there has been no collusion, abetting, or connivance with the accused. According to the argument, the only charge brought against the current applicant is that he had contact with a man named Asvin, who is accused of stealing the stock. It is further argued that nothing about the accused needs to be retrieved or found out.
COURT ANALYSIS AND DECISION
On behalf of the respondent, additional public prosecutor testified that anticipatory bail should not be granted due to the seriousness and nature of the crime. According to an expert APP, the current applicant is complicit in the current crime and the elaborate conspiracy that was hatched. According to the argument, essential commodities like wheat, rice, sugar, grammes, tuvar pulse, and groundnut oil worth Rs. 99,77,551/- are syphoned, and in this regard, an offence is registered following an investigation. It appears that the go-down keeper, Supervisor, and transporter were all complicit in this crime. The applicant is accused of conspiring with others after it is claimed that they stole the aforementioned sum and falsified the stock register and gate passes. 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
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Written by- Steffi Desousa