Mohmmed Ismail Chandbhai Bhisti & vs State Of Gujarat on 13 September, 2017

R/CR.MA/21408/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 21408 of 2017

MOHMMED ISMAIL CHANDBHAI BHISTI 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MOHMMEDSAJID Y MANSURI, ADVOCATE for the Applicant(s) No. 1 – 2
MR YUSUF F MANSURI, ADVOCATE for the Applicant(s) No. 1 – 2
MR LR PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 13/09/2017

ORAL ORDER

1. Heard learned advocate for the applicants 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 C.R.
No. I – 145 of 2017 registered with Vejalpur Police Station for
the offences punishable under
Sections 306, 498A, 323 and
114 of the Indian Penal Code and under Sections 3 and 7 of
the Dowry Prohibition Act.

3. Learned advocate for the petitioners submitted that even
if the nature of accusation against the petitioners as alleged
in the FIR and other investigation papers is taken at the face
value, no ingredients of
Section 498A more particularly the

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R/CR.MA/21408/2017 ORDER

explanation thereto is attracted in absence of demonstration
of willful conduct as to nature of acts of the accused or the
nature of harassment as indicated in the said provision.
Learned counsel would therefore submit that prima facie no
case for the offence under
Section 306 read with explanation
to
Section 498A of IPC is made out and the petitioners be
admitted to bail.

4. Opposing the bail application, learned APP drew the
attention of this Court to the accusation made against the
petitioners in the FIR and the other investigation papers and
would contend that the offence is of a serious nature and
presumption under
Section 113A of the Evidence Act is
attracted in the present case and therefore presumption as to
the abetment by the petitioners of the offence under
Section
306 read with explanation to
Section 498A of IPC should be
raised and the petitioner should not be admitted to bail.

5. Having considered the rival contentions as also the
nature of accusation against the petitioners and without
discussing the same in greater detail as the parties do not
invite the reasoned order, the petitioners are required to be
admitted to bail.

6. Hence, the application is allowed and applicants are
ordered to be released on bail in connection with C.R. No. I –
145 of 2017 registered with Vejalpur Police Station on
their executing a bond of Rs.10,000/- (Rupees Ten Thousand
only) each with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions

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that they 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 their passport, if any, to the lower court
within a week;

[d] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[e] mark presence in the concerned police station once
in a calendar month;

[f] 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
indicate change of residential address if any to the
trial court.

6.1 The competent authority will release the applicants only if
they are not required in connection with any other offence for
the time being.

6.2 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate
action in the matter.

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

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

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6.5 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 applicants on
bail.

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

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

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