R/CR.MA/7396/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7396 of 2018
AJAY KISHORBHAI KAHAR
Versus
STATE OF GUJARAT
Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1
MR R. S. OZA, APP (2) for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 09/05/2018
ORAL ORDER
1. Heard Mr. Ashish M. Dagli, learned advocate, for the
applicant and Mr. R. S. Oza, learned APP, for the
respondentState.
2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with
F.I.R. registered at C.R. No. I – 04 of 2018 with Panigate
Police Station, District Vadodara, for the offences
punishable under Sections 306, 498A, 323 and 114 of the
Indian Penal Code.
3. Learned advocate for the applicant submits that
considering the nature of offence, the applicant may be
enlarged on regular bail by imposing suitable conditions.
4. The learned APP opposes the grant of bail looking to the
nature and gravity of offences.
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R/CR.MA/7396/2018 ORDER
5. Learned advocates appearing on behalf of the respective
parties do not press for further reasoned order.
6. I have heard learned advocates appearing for the parties
and perused the papers of investigation.
7. In the facts and circumstances of the case and considering
the nature of allegations made in the FIR and considering
the marriage span of six and half years, allegations are in
general nature and charge sheet is filed and without
discussing the evidence in details as well as without going
into details, primafacie, this Court is of the opinion that
this is a fit case to exercise the discretion to enlarge the
applicant on bail. Hence, the application is allowed and the
applicant is ordered to be released on bail in connection
with C.R. No. I – 04 of 2018 with Panigate Police Station,
District Vadodara, 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 injuries 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 at the concerned police station on
any day of first week of each English Calender Month
till the trial is over;
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R/CR.MA/7396/2018 ORDER
[f] furnish the present address of residence to the I.O.
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 applicant only 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. 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.
9. Rule made absolute to the aforesaid extent. Direct service
is permitted.
(A.J.DESAI, J)
Lalji
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