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Ajaybhai Ramanbhai Chunara vs State Of Gujarat on 14 June, 2019

R/CR.MA/7630/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 7630 of 2019

AJAYBHAI RAMANBHAI CHUNARA
Versus
STATE OF GUJARAT

Appearance:
MR RAJESH M CHAUHAN(2470) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 14/06/2019

ORAL ORDER

1. This application is filed by the applicant under Section 439 of the

Code of Criminal Procedure, 1973 for regular bail in connection with

FIR registered as C.R. No.I-75 of 2018 registered with Vadodara

Taluka Police Station, Vadodara Rural for the offence

punishable under Sections 498A, Section306, Section114 of the Indian Penal Code

and under Sectionsections 3 and Section4 of Dowry Prohibition Act.

2. Learned advocate appearing on behalf of the applicant submits that

considering the nature of offence, the applicant 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.

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R/CR.MA/7630/2019 ORDER

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 FIR is registered on 20.09.2018 for the offence which is

alleged to have taken place on 20.09.2018.

II) The applicant is in custody since 23.09.2018;

III) The investigation is concluded and charge-sheet is filed;

IV) Submission of learned advocate for the applicant that though

the marriage period was only of four months, considering the

submission that the marriage was solemnized against the wishes of

the deceased;

V) Considering the age of the applicant being 20 years;

VI) Co-accused have been enlarged on regular bail hence applying

the principle of parity;

VII) Learned Additional Public Prosecutor under the instructions of

the Investigating Officer is unable to bring on record any special

circumstances against the applicant.

This Court has taken into consideration the law laid down by the

Hon’ble Apex Court in the case of SectionSanjay Chandra v. Central

Bureau of Investigation reported in [2012] 1 SCC 40.

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R/CR.MA/7630/2019 ORDER

6. In the facts and circumstances of the case and considering the

nature of the allegations made against the applicant 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 applicant on regular bail.

7. Hence, the present application is allowed. The applicant is ordered

to be released on regular bail in connection with C.R. No.I-75 of

2018 registered with Vadodara Taluka Police Station,

Vadodara Rural 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 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 his 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;

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R/CR.MA/7630/2019 ORDER

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.

9. 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.

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 applicant on bail.

11.The application is allowed in the aforesaid terms. Rule is made

absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J)
URIL RANA

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