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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