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Aarifbhai Mohammed Hussainbhai … vs State Of Gujarat on 13 September, 2019

R/CR.MA/16165/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 16165 of 2019

AARIFBHAI MOHAMMED HUSSAINBHAI SAIYAD
Versus
STATE OF GUJARAT

Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 13/09/2019
ORAL ORDER

1. Rule. Learned APP Mr.Hardik Soni waives service
of Rule on behalf of the respondent State.

2. The present application, which is a successive
one, is filed on the ground of change of
circumstance under Section 439 of the Code of
Criminal Procedure, 1973, for regular bail in
connection with FIR being C.R. No.I­114 of 2018
registered with Bortalav Police Station,
District Bhavnagar, for offence under Sections
306, Section498A and Section114 of the Indian Penal Code.

3. Learned advocate for the applicant submits that
the present application is filed on the ground
that after the application filed by him was
withdrawn on 04.04.2019, trial has commenced and
during the course of trial, the first informant
i.e. the father of the deceased, mother of the
deceased, near relatives of the deceased and the
neighbour of the deceased have not supported the
case of the prosecution. Learned advocate for

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R/CR.MA/16165/2019 ORDER

the applicant has referred the deposition given
by the prosecution witnesses. Copies of the same
are produced from Pages­8 to 22 of the
compilation. It is, therefore, submitted that in
view of the change in circumstance, case of the
present applicant be considered for grant of
bail.

4. Learned advocate appearing on behalf of the
applicant submits that considering the nature of
the offence, the applicant may be enlarged on
regular bail by imposing suitable conditions.

5. Learned APP appearing on behalf of the
respondent­State has opposed grant of regular
bail looking to the nature and gravity of the
offence.

6. Learned advocates appearing on behalf of the
respective parties do not press for further
reasoned order.

7. Having heard the learned advocates for the
parties and perusing the material placed on
record including the deposition given by the
concerned witnesses and taking into
consideration the facts of the case, nature of
allegations, gravity of offences, role
attributed to the accused, without discussing
the evidence in detail, this Court is of the
opinion that this is a fit case to exercise the
discretion and enlarge the applicant on regular
bail.

8. This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the

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R/CR.MA/16165/2019 ORDER

case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in (2012) 1 SCC 40.

9. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with FIR being C.R. No.I­114
of 2018 registered with Bortalav Police Station,
District Bhavnagar, on executing a personal 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 passport, if any, to the lower
court within a week;

[d] not leave India without prior permission
of the concerned Trial Court;

[e] mark presence before the concerned
Police Station between 1st to 10th day 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 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;

10. The authorities will release the applicant only

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R/CR.MA/16165/2019 ORDER

if he 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 issue
warrant or 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.

11. At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in the present order.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J)
piyush

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