R/CR.MA/16786/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 16786 of 2017
KAMLESHBHAI VIJAYBHAI BAMBHANIYA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR TUSHAR L SHETH, ADVOCATE for the Applicant(s) No. 1
MS.C.M.SHAH, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 28/07/2017
ORAL ORDER
[1] This application is filed by the applicant under Section
439 of the Code of Criminal Procedure, 1973 for regular bail in
connection with FIR registered as C.R.No.I-28 of 2017 with
Kodinar Police Station, Gir-Somnath for the offence
punishable under Sections 306, 498A and 114 of the Indian Penal
Code.
[2] Learned advocate appearing on behalf of the applicant
submits that considering the nature of offence, the applicant may
be enlarged on regular bail by imposing suitable conditions.
[3] On the other hand, the learned Additional Public
Prosecutor appearing for the respondent-State has opposed grant
of regular bail looking to the nature and gravity of the offence.
[4] Learned advocates appearing on behalf of the
respective parties do not press for a further reasoned order.
[5] I have heard the learned advocates appearing on
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behalf of the respective parties and perused the papers. Following
aspects are considered :-
I) Investigation is concluded and charge-sheet is
filed.
II) The submission of the learned advocate for the
applicant is that no allegations of ill-treatment
for a period between 10.01.2017 when the
deceased was taken to the matrimonial home till
the incident took place.
III) The children of the applicant and deceased are
aged 3 years and 1 and ½ years.
This Court has taken into consideration the law laid
down by the Hon’ble Apex Court in the case of Sanjay Chandra
v. Central Bureau of Investigation reported in [2012] 1 SCC
40.
[6] In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the First Information Report, without discussing the
evidence in detail, prima facie, this Court is of the opinion that this
is a fit case to exercise the discretion and enlarge the applicant on
regular bail.
[7] Hence, the present application is allowed. The
applicant is ordered to be released on regular bail in connection
with C.R.No.I-28 of 2017 with Kodinar Police Station, Gir-
Somnath 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 trial Court and subject to the conditions that he
shall;
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[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
alternate Monday of every English calendar month 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;
[8] The authorities will release the applicant only if he is
not required in connection with any other offence for the time
being. If 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.
[9] Bail bond to be executed before the 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.
[10] 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.
[11] The application is allowed in the aforesaid terms. Rule
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is made absolute to the aforesaid extent. Direct Service is
permitted.
(A.Y. KOGJE, J.)
dharmendra
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