R/CR.MA/9289/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 9289 of 2017
SANTOSH SOMSING CHITODIYA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR. KISHAN H DAIYA, ADVOCATE for the Applicant(s) No. 1
MR.KISHAN PRAJAPATI, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 19/04/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned
A.P.P. for the respondent – State.
2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-253 of 2016 registered with Pandesara police
station, Surat under Sections 306, 498A and 114 of the Indian
Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. Briefly stated, it is the case of the complainant that on
14.12.2016, the complainant went to Vapi for his work and at
that time, he has received phone call from one Mr.Rajesh and
was informed that his daughter has drunk acid and shifted to
the hospital for treatment. Thereafter, the complainant rushed
to the hospital and upon inquiry from his daughter, she
informed that she has been mentally tortured and harassed by
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R/CR.MA/9289/2017 ORDER
her in-laws and one Mr.Rajesh. Further, after one year of
marriage, as she could not conceive pregnancy, though
treatment was started, her in-laws torturing her and because
of that, she committed suicide.
4. Considering the chargesheet papers supplied by the
learned A.P.P. during the course of hearing and upon perusal
of the statement of the deceased recorded before the learned
Executive Magistrate and before the concerned Investigating
Officer, it appears that the present applicant is not implicated
in the offence alleged against him. Similarly, three other co-
accused persons are enlarged on bail and, therefore, on the
ground of parity also, present application deserves
consideration.
5. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R.No.I-253
of 2016 registered with Pandesara police station, Surat 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 the applicant
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] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose and
attend Court concerned regularly.
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R/CR.MA/9289/2017 ORDER
[e] 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 not
change the residence without prior permission of
Sessions Court concerned;
6. The competent authority will release the applicant only if
the applicant 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 take appropriate action in the matter. 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. 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.
7. Rule made absolute to the aforesaid extent. Direct
service is permitted.
(S.H.VORA, J.)
Hitesh
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