Case Note & Summary
The case involved an application for regular bail filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, in connection with FIR C.R. No.11208044202185 of 2020. The applicant was arrested on 26.12.2020 and had been in jail for over five years. The applicant's counsel argued that the investigation was complete and the charge-sheet filed, asserting that the applicant was falsely implicated under the GUJCTOC Act. The counsel highlighted that only one witness had been examined out of 108, suggesting that the trial would take a considerable time to conclude. The applicant had been acquitted in three out of four past offences considered by the investigating officer, and the main accused had already been granted bail. The respondent-State opposed the bail application, citing the applicant's past conduct and the nature of the offences. The court considered the lengthy period of incarceration, the status of the trial, and the fact that most co-accused had been granted bail. Ultimately, the court decided to grant bail, imposing several conditions including the execution of a personal bond and restrictions on movement. The court emphasized that the trial court should not be influenced by its preliminary observations while considering the evidence at trial.
Headnote
A) Criminal Law - Bail Application - Grant of Regular Bail - Bhartiya Nagrik Suraksha Sanhita, 2023, Section 483 - The applicant was in judicial custody for over five years with only one witness examined out of 108, indicating a lengthy trial ahead. The court found it appropriate to exercise discretion in favor of granting bail due to the prolonged incarceration and the status of the trial (Paras 8-9).
Issue of Consideration
Whether the applicant is entitled to regular bail under the GUJCTOC Act considering the circumstances of the case.
Final Decision
The court allowed the bail application, ordering the applicant's release on executing a personal bond of Rs.15,000/- with specific conditions regarding conduct and movement.
Law Points
- Bail application
- GUJCTOC Act
- judicial custody
- trial delays
- personal bond conditions
