R/CR.MA/27450/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 27450 of 2017
HITENDRASINH BHURUBHA VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR NITIN T GANDHI, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 24/11/2017
ORAL ORDER
1. Learned counsel for the petitioner is permitted to amend
the pleadings by inserting Section 304B of the Indian Penal
Code.
2. Heard learned advocate for the applicant and learned
Additional Public Prosecutor for the respondent-State.
3. This application is filed under Section 439 of the Code of
Criminal Procedure, 1973, for bail in connection with C.R.
No.I – 75 of 2017 registered with Bopal Police Station for the
offence punishable under Sections 306, 304B, 498A, 323, 114
of the Indian Penal Code and under Sections 3 and 7 of the
Dowry Prohibition Act.
4. Having considered the rival contentions, it is noticed
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that general allegations have been found against the
petitioner for holding him responsible under the above quoted
provisions and in absence of any apprehension of the
petitioner tampering with the evidence or threatening the
witnesses, fleeing from justice, the case for admitting the
petitioner to bail is made out.
5. Hence, the application is allowed and applicant is ordered
to be released on bail in connection with C.R. No.I – 75 of
2017 registered with Bopal Police Station, 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] surrender his 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] at the time of execution of bond, furnish the address
to the Investigating Officer and the court
concerned and shall intimate the change of
address, if any, to the court and I.O.
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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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.
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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