R/CR.MA/17738/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 17738
of 2017
BHARATBHAI KESHAVLAL AJMERA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR DEEP D VYAS, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 28/07/2017
ORAL ORDER
1. The present application is filed by the
applicantaccused for grant of regular bail under
Section 439 of the Code of Criminal Procedure which is
a successive bail.
2. The applicantaccused is charged with having
committed offences under Sections 498A, 306 and 114 of
the Indian Penal Code and Section 4 of the Dowry
Prohibition Act, for which FIR being C.R. No. I26 of
2017 has been registered with Savarkundla Town Police
Station, District : Amreli.
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3. Heard learned advocate Shri Deep D. Vyas for the
applicantaccused and learned APP Shri K. L. Pandya
for the respondentState.
4. Learned advocate Shri Deep D. Vyas referred to
the background of the facts and submitted that the
applicant is the husband and span of marriage life is
about three and half years. He submitted that other
coaccused including the motherinlaw has been
released on bail and, therefore, considering the
nature of offence as well as the fact that trial may
take some time, the present application may be
allowed.
5. Learned APP Shri K. L. Pandya for the respondent
– State however, resisted the application.
6. In view of the rival submissions and having
regard to the nature of the offence, role attributed
and considering the fact that the charge sheet is now
filed and trial may take some time and as other co
accused has also been released as per the order passed
in Criminal Misc. Application No. 13170 of 2017 as
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stated above, the present application deserves to be
allowed. The Apex Court has laid down broad
guidelines with regard to the criteria for the grant
of regular bail, the present application deserves to
be allowed.
7. Accordingly, present application stands allowed.
The applicant is ordered to be released on regular
bail in connection with C.R. No. I26 of 2017 has been
registered with Savarkundla Town Police Station,
District: Amreli, on his executing a bond of
Rs.10,000/ (Rupees Ten Thousand Only) with one
solvent surety of the like amount to the satisfaction
of the lower Court and subject to the conditions that
he shall:
(a) not take undue advantage of his liberty or
abuse his liberty.
(b) not to try to tamper or pressurize the
prosecution witnesses or complainant in any
manner.
(c) not act in any manner injurious to the
interest of the prosecution.
(d) maintain law and order and should cooperate
the investigating officers.
(e) furnish the address of his residence to the
Investigating Officer and also to the Court
at the time of execution of the bond and
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R/CR.MA/17738/2017 ORDER
shall not change his residence without prior
permission of the Court.
(f) surrender his passport, if any, to the lower
Court, within a week.
(g) mark his presence before concerned Police
Station 1st and 10th day of every calender
month between 11:00 AM and 4:00 PM.
8. If breach of any of the above conditions is
committed, the concerned Sessions Judge will be free
to issue warrant or take appropriate action in the
matter.
9. Bail before the lower Court having jurisdiction
to try the case. It would be open to the trial Court
concerned to give time to furnish the solvency
certificate if prayed for.
10. Rule is made absolute. Direct service permitted.
(RAJESH H.SHUKLA, J.)
/phalguni/
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