Chavda Rajendrasinh Bachuji … vs State Of Gujarat on 30 June, 2017

R/CR.MA/14533/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 14533 of 2017

CHAVDA RAJENDRASINH BACHUJI SHIVAJI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR RJ GOSWAMI, ADVOCATE for the Applicant(s) No. 1
MR LR PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 30/06/2017

ORAL ORDER

1. Heard learned advocate, for the applicant and learned
APP, for the respondent-State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure, 1973, for bail in connection with the I-CR
No.28 of 2017 registered with Lagnej Police Station, District
Mehsana for the offence punishable under
Sections 498A,
306 and 511 of the Indian Penal Code.

3. On consideration of the investigation papers supplied by
learned APP during the course of hearing, it is revealed that the
marriage span is of 13 years. It is revealed from the chargesheet
papers more particularly the dying declaration of the deceased that
the predominant cause for her committing suicide is that on the
day of incident she had returned late in the night i.e. 11:00 o’clock
and her husband had picked up quarrel with her on the said issue.

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R/CR.MA/14533/2017 ORDER

It is stated that her husband was frequently suspecting her
character. However, the parents of the deceased have quoted the
deceased having said that for her death nobody is responsible. It
prima facie thus appears that the parents were not revealed any
criminal act caused by the accused to her at any point of time
during the course of 13 years of marriage life of their daughter. In
the above circumstances the application deserves consideration
and thus prima facie case for bail is made out.

READ  Pinakin Mahipatray Rawal vs State Of Gujarat on 9 September, 2013

4. Hence, the application is allowed and applicant is ordered
to be released on bail in connection with I-CR No.28 of 2017
registered with Lagnej Police Station, District Mehsana
on executing a bond of Rs.10,000/- (Rupees Ten Thousand
only) with one surety of the like amount to the satisfaction of
the trial Court and subject to the conditions that he 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] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as
and when required for investigation purpose and
attend the Court concerned regularly.

[e] furnish the present address of residence along with
the proof to the I.O. concerned and also to the
Court at the time of execution of the bond and shall
not change the residence without prior permission
of Sessions Court concerned;

5.1 The competent authority will release the applicant only if
he is not required in connection with any other offence for the
time being.

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R/CR.MA/14533/2017 ORDER

5.2 If breach of any of the above conditions is committed,

the Sessions Judge concerned will be free to take appropriate
action in the matter.

5.3 Bail bond to be executed before the lower court having
jurisdiction to try the case.

5.4 It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with
law.

READ  Prabhakar Appasaheb Bhise-vs-The State Of Maharashtra on 28 August, 2006

5.5 At the trial, the 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.

6. Rule made absolute to the aforesaid extent. Direct service
is permitted.

(G.R.UDHWANI, J.)
syed/

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