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Alkeshbhai Rameshbhai Bhabhor vs State Of Gujarat on 26 December, 2017

R/CR.MA/29898/2017 ORDER


29898 of 2017

STATE OF GUJARAT….Respondent(s)

MR AMRISH K PANDYA, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1


Date : 26/12/2017


1. The present application is filed under Section 439 of the
Code of Criminal Procedure by the applicant for regular bail
in connection with First Information Report being C.R.No.I-44
of 2017 registered with Jesawada Police Station, District
Dahod, for the offences punishable under Sections 498A, 306,
114 of the Indian Penal Code.

2. Heard learned advocate for the applicant and learned
Additional Public Prosecutor for the respondent-State.

3. Learned advocate for the applicant submits that the
applicant is an innocent person, however he has been falsely
implicated in the alleged offences. It is further submitted that
charge-sheet is submitted, and therefore, now there is no
possibility of tampering with the evidence. It is further
submitted that the applicant is aged about 18 years and also
having responsibility towards his family, therefore, there is no
likelihood to his run away from the trial and his presence can

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R/CR.MA/29898/2017 ORDER

be secured at the time of trial by imposing suitable conditions.
It is also submitted that the applicant is in jail since
23.08.2017. It is further submitted that the applicant is ready
and willing to abide by the terms and conditions that may be
imposed by this Court, and therefore, considering the nature
and gravity of the accusation made against the applicant and
the role attributed to the applicant, he may be enlarged on
regular bail by imposing suitable conditions.

4. Learned Additional Public Prosecutor appearing on
behalf of the respondent-State has opposed the application for
grant of regular bail looking to the nature and gravity of the
offences. It is submitted that there is a prima facie case
against the present applicant, and therefore, the present
application may be rejected.

5. Regard being had to the above submissions, in the facts
and circumstances of the case, considering the nature and
gravity of accusation made against the applicant and the role
attributed to the applicant in the First Information Report and
charge- sheet papers, this Court is of the view that discretion
is required to be exercised in favour of the applicant for grant
of bail. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with the FIR being C.R.No.I- 44 of 2017 registered
with Jesawada Police Station, District Dahod, on his executing
personal bond of Rs.10,000/- (Rupees Ten Thousand Only)
with one surety of the like amount to the satisfaction of the
learned Trial Court, and subject to the following conditions
that the applicant shall;

[a] not take undue advantage of liberty or misuse

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R/CR.MA/29898/2017 ORDER


[b] not act in a manner injurious to the interest of the

[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 every Monday of each English calendar month
for a period of three months and thereafter,
alternate Monday for a period of six months,
between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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;

6. 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 learned 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, learned 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 is made absolute to the aforesaid extent. Direct service
is permitted.



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