Accused Released on Bail After Court Finds No Direct Involvement in Alleged Crime; Bail Granted with Conditions
In a notable decision, the Gujarat High Court has granted bail to Javedkhan Soramkhan Mandori, who was accused of abetting the suicide of a distant relative. The bail application was heard by Justice Nikhil S. Kariel, who noted that the accused had been in custody since October 2025 and that the charge sheet had already been filed. The court observed that there were no prior criminal antecedents against Mandori and that the allegations did not show his direct involvement in the alleged offense.
Mandori's counsel, Mr. Dipen F. Chaudhari, argued that the accused had no significant role in the incident and that keeping him in custody served no useful purpose. The accused was willing to comply with any conditions set forth by the court if granted bail. On the other hand, the Additional Public Prosecutor, Mr. Hardik Soni, opposed the bail, citing the nature of the offense and the role attributed to Mandori in the charge sheet.
Upon reviewing the case, the court noted that the deceased was a relative of the accused and that the dispute seemed to have arisen from a family conflict involving Mandori's sister-in-law. It was alleged that Mandori had threatened the deceased's husband, but the court found no evidence of any overt act by Mandori beyond this alleged threat. Importantly, the court emphasized that the threat did not have a direct bearing on the deceased's decision to commit suicide.
In granting bail, the court referred to the precedent set by the Supreme Court in "Sanjay Chandra v. Central Bureau of Investigation," which allows for bail if the allegations do not establish the accused's direct involvement. Mandori was granted bail on a bond of Rs. 25,000, subject to several conditions including not leaving Gujarat without permission, surrendering his passport, and marking his presence monthly at the police station.
The court's decision underscores the importance of balancing the accused's rights with the interests of justice, particularly when the direct involvement in the alleged crime is not evident. The trial court is advised not to be influenced by the observations made at the bail stage during the trial.
Bottom Line :
Bail can be granted if the accused has been in custody for a considerable period, the charge sheet has been filed, there are no prior antecedents, and the allegations, prima facie, do not show direct involvement in the alleged offense.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Sections 85, 108, 115(2), 351(3), 54 of the BNS.
Javedkhan Soramkhan Mandori v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2966481
