Libertatem Magazine

Gujarat HC: The Court Grants Bail to Applicant Against Whom FIR Had Been Lodged 9 Years After The Incident

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In a recent application filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being of 2019 registered with CID Crime Border Zone Police Station, Kutch Bhuj for various grave offences, the court gave a recent oral order. The Learned Advocate appearing on behalf of the applicant submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Arguments before the Court

While the Advocates on behalf of the Applicant prayed for a bail, the Advocates of the original complainant have opposed this application by referring to the averments made in the affidavit filed by the Police Inspector, Fraud Cell, CID Crime, Gujarat and thereafter contended that the applicant has committed very serious offences and therefore this Court may not exercise discretion in his favour.

Decision of the Court

The Court enlarged the bail application, reasoning with the time frame in which the Applicant had been in the Jail, the Court also observed that the investigations were concluded and charge sheet was filed, and that other co-accused have been enlarged on anticipatory bail by this Court, and that for the transaction which had taken place in the year 2010, FIR is lodged in the year 2019, thus, there is a delay of nine years in lodging the FIR, further citing other reasons to release the Applicant on bail.

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