Rekhaben Bharatbhai Ajmera vs State Of Gujarat on 25 May, 2017

R/CR.MA/13170/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 13170 of 2017

REKHABEN BHARATBHAI AJMERA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR DEEP D VYAS, ADVOCATE for the Applicant(s) No. 1
MR K.P. RAVAL, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

Date : 25/05/2017

ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the respondent- State of Gujarat.

[2] The present application is filed under Section 439 of the Code
of Criminal Procedure by the applicant for regular bail in connection
with an FIR being C.R.No.I-26 of 2017 registered with Savarkundla
Police Station, District: Amreli for the offences under Sections
306, 498A and 114 of the Indian Penal Code.

[3] Learned advocate for the applicant submits that considering
the nature of allegations, role attributed to the applicant, the
applicant may be enlarged on regular bail by imposing suitable
conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the
respondent-State has opposed grant of regular bail looking to the
nature and gravity of the offence.

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R/CR.MA/13170/2017 ORDER

[5] I have heard learned advocates appearing on behalf of the

respective parties. Learned advocates appearing on behalf of the
respective parties do not invite reasoned order.

[6] In the facts and circumstances of the case and considering the
nature of allegations made against the applicant in the FIR, I am of
the opinion that this is a fit case to exercise the discretion and
enlarge the applicant on regular bail. Hence, the present application
is allowed and the applicant is ordered to be released on regular bail
in connection with an FIR being C.R.No.I-26 of 2017 registered with
Savarkundla Police Station, District: Amreli on executing a
personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of the like amount to the satisfaction of the learned Trial Court
and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the
prosecution;

[c] surrender passport, if any, to the lower court within a
week;

[d] not leave the State of Gujarat without prior permission of
the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on
every Monday of each English calendar month for a
period of three months and thereafter, alternate Monday
for a period of six months, between 11:00 a.m. and 2:00
p.m.;

[f] furnish latest and permanent address of residence to the
Investigating Officer and also to the Court at the time of
execution of the bond and shall not change the residence
without prior permission of this Court;

[7] The Authorities will release the applicant only if he is not
required in connection with any other offence for the time being. If

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R/CR.MA/13170/2017 ORDER

breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter. Bail bond to be executed before the learned
Lower Court having jurisdiction to try the case. It will be open for the
concerned Court to delete, modify and/or relax any of the above
conditions, in accordance with law. At the trial, learned Trial Court
shall not be influenced by the observations of preliminary nature, qua
the evidence at this stage, made by this Court while enlarging the
applicant on bail.

[8] Rule is made absolute to the aforesaid extent. Direct service is
permitted.

(B.N. KARIA, J.)
Bharat

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