Grant of Bail- HC Grants Bail in view of Blunt Allegations in FIR

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January 17, 2019

In a recent case, the High Court of Gujarat observed that when FIR is based on blunt or non-reasoned allegations then such a case is a fit case to enlarge the accused on regular bail with conditions.

Case name: Anil Bhawan Vaskeliya v. State of Gujarat

The present bail application was filed by the accused for grant of bail in connection with FIR registered for the offence of dacoity.

The High Court of Gujrat in the case opined that considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, the case was a fit case to exercise the discretion and enlarge the applicant on regular bail.

While arriving at it’s verdict, the High Court made reference to Supreme Court’s judgment in the case of Sanjay Chandra v. Central Bureau of Investigation[1], wherein the Court held that in determining whether to grant bail, both the seriousness of the charge and the severity of the punishment should be taken into consideration.

The Court in the case also opined that a detailed examination of the evidence is to be avoided while considering the question of bail, to ensure that there is no prejudging and no prejudice, a brief examination to be satisfied about the existence or otherwise of a prima facie case is necessary.

 

[1] [2012] 1 SCC 40