Baldevbhai Bharatbhai Parmar & vs State Of Gujarat on 1 December, 2017

R/CR.MA/28465/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 28465 of 2017

BALDEVBHAI BHARATBHAI PARMAR 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR LAXMANSINH M ZALA, ADVOCATE for the Applicant(s) No. 1 – 2
PARIMALSINH J VAGHELA, ADVOCATE for the Applicant(s) No. 1 – 2
SWETA A DAVE, ADVOCATE for the Applicant(s) No. 1 – 2
MS NISHA THAKORE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 01/12/2017

ORAL ORDER

1. This application is filed by the applicants under Section

439 of the Code of Criminal Procedure, 1973 for regular

bail in connection with FIR registered as C.R. No.I-

42/2017 with Surendranagar City ‘B’ Division Police

Station, Surendranagar for the offences punishable

under Sections 498A, 376, 354, 506(1), 294(B) and 114 of

the Indian Penal Code.

2. Learned Advocate appearing on behalf of the applicants

submits that considering the nature of offence, the

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applicants 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 behalf of

the respective parties and perused the papers. Following

aspects are considered :-

I) The investigation has concluded and the chargesheet is

filed;

II) The applicant No.1 is the husband and against him, no

serious offences surface as far as Section 376 of the Indian

Penal Code is concerned;

III) The applicant No.2 is the father of the main accused

and against him, no allegations surface as far as Section

376 of the Indian Penal Code is concerned;

IV) The main accused – Sanjaybhai Saratbhai Parmar has

been enlarged on regular bail by the Co-ordinate Bench of

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this Court by an order dated 30.11.2017 passed in Criminal

Miscellaneous Application No.28464/2014 and;

V) Hence, on the ground of parity, this application is

considered.

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 applicants 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 applicants on regular bail.

7. Hence, the present application is allowed. The applicants

are ordered to be released on regular bail in connection

with C.R. No.I-42/2017 with Surendranagar City ‘B’

Division Police Station, Surendranagar on executing a

personal 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 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 the present address of their 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 applicants only if they are

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

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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

applicants on bail.

11. The application is allowed in the aforesaid terms.

Rule is made absolute to the aforesaid extent. Direct

Service is permitted.

Sd/-

(A.Y. KOGJE, J.)
Caroline

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