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Anil Parbatbhai Gojiya vs State Of Gujarat on 17 January, 2024

Gujarat High Court

Anil Parbatbhai Gojiya vs State Of Gujarat on 17 January, 2024

NEUTRAL CITATION

R/CR.MA/1094/2024 ORDER DATED: 17/01/2024

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL – AFTER
CHARGESHEET) NO. 1094 of 2024

ANIL PARBATBHAI GOJIYA
Versus
STATE OF GUJARAT

Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR.BHARGAV PANDYA, APP for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

Date : 17/01/2024
ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives
service of notice of Rule on behalf of respondent – State.

[2] The present application is filed under Section 439 of the
Code of Criminal Procedure, 1973, for regular bail in connection
with C.R.No.11213010230105 of 2023 registered with the
Dhoraji Police Station, Rajkot Rural of the offence punishable
under Sections 306(2), 498A and 114 of the Indian Penal Code
and under Sections 3 and 4 of the Dowry Prohibition Act.

[3] Learned advocate Mr. Ashish M. Dagli appearing for the
applicant submits that present applicant is in jail since
16.02.2023 and investigation is over and charge-sheet is
submitted and therefore, now there is no possibility of
tampering with the evidence. It is submitted that FIR came to
be filed on 14.02.2023 by Apilbhai Bhikubhai Jogal. Learned

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NEUTRAL CITATION

R/CR.MA/1094/2024 ORDER DATED: 17/01/2024

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advocate Mr. Dagli further submits that FIR has been registered
against total five accused persons, out of which, four accused
persons have already been enlarged on bail by the co-ordinate
bench of this Court as well as Sessions Court and one accused
person enlarged on anticipatory. Learned advocate Mr. Dagli
also submits that the allegations leveled against all accused
persons are pari materia same and therefore, considering the
principle of law of parity, bail application of the applicant may
be entertained by imposing suitable terms and conditions.

[4] Learned APP appearing on behalf of the respondent-State
has objected present bail application with vehemence and
submitted that role of the present applicant accused is clearly
spelt-out from the papers of the charge-sheet and therefore, bail
application of the present applicant may not be considered.

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

[6] I have heard the learned advocates appearing on behalf of
the respective parties and perused the papers of the
investigation and considered the allegations levelled against the
applicant and the role played by the applicant. Moreover, the
applicant is seeking bail mainly on the ground of parity as the
identically situated persons have already been enlarged on
anticipatory bail as well as regular bail, the present applicant
also deserves to be enlarged on bail on the ground of parity by
imposing suitable conditions.

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NEUTRAL CITATION

R/CR.MA/1094/2024 ORDER DATED: 17/01/2024

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[7] This Court has also 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 as well as in case of Satender Kumar Antil v. Central
Bureau of Investigation Anr. reported in (2022)10 SCC

51.

[8] In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant in the
FIR, 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.

[9] Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in connection
with C.R.No.11213010230105 of 2023 registered with the
Dhoraji Police Station, Rajkot Rural, on executing a personal
bond of Rs.15,000/- (Rupees Fifteen 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;

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NEUTRAL CITATION

R/CR.MA/1094/2024 ORDER DATED: 17/01/2024

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[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 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 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
observations of preliminary nature qua the evidence at this
stage made by this Court while enlarging the applicant on bail.

[12] The present application stands allowed accordingly. Direct
service is permitted.

(DIVYESH A. JOSHI, J.)
DHARMENDRA KUMAR

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