R/CR.MA/23465/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23465 of 2019
ANKIT NARESHKUMAR MODI
Versus
STATE OF GUJARAT
Appearance:
MR KEVAL H MAHARAJA(9062) for the Applicant(s) No. 1
MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 08/01/2020
ORAL ORDER
1. The present application is filed under Section 439
of the Code of Criminal Procedure, 1973, for
regular bail in connection with FIR being C.R.
No.I105 of 2019 registered with Adalaj Police
Station, District Gandhinagar, for offence under
Sections 306, 498A and 114 of the Indian Penal
Code and Sections 4 and 6 of the Dowry Prohibition
Act.
2. 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.
3. Learned APP appearing on behalf of the respondent
State has opposed grant of regular bail looking to
the nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the
respective parties do not press for further
reasoned order.
5. Having heard the learned advocates for the parties
and perusing the material placed on record and
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R/CR.MA/23465/2019 ORDER
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.
6. This Court has considered following aspects:
(a) the applicant is in Jail since 17.10.2019;
(b) it is submitted that the applicant is the
brotherinlaw of the deceased and general
allegations are levelled against all the
accused;
(c) it is further submitted that two other co
accused have been enlarged on bail by the co
ordinate Bench of this Court. Copy of the
said order is placed on record; and
(d) looking to the facts and circumstances of the
present case, I am inclined to consider the
case of the applicant.
7. This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the
case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in [2012] 1 SCC 40.
8. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with FIR being C.R. No.I105 of
2019 registered with Adalaj Police Station,
District Gandhinagar, 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;
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[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 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 the concerned
trial court;
9. 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.
10. At the trial, the Trial Court shall not be
influenced by the prima facie observations made by
this Court in the present order.
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11. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(VIPUL M. PANCHOLI, J)
piyush
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