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Anubhai Kadubhai Vaghela vs State Of Gujarat on 18 July, 2017

R/CR.MA/17752/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR CHINTAN S POPAT, ADVOCATE for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1


Date : 18/07/2017


1. RULE. Learned APP MS.C.M.Shah waives service

of Rule on behalf of the respondent State.

2. The present application is filed under Section

439 of the Code of Criminal Procedure, 1973, for regular

bail in connection with I-CR No.59 of 2010 registered

with Gir-Gadhada Police Station, Gir-Somnath for offence

under Sections 363 and 366 of the Indian Penal Code.

3. 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.

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R/CR.MA/17752/2017 ORDER

4. Learned APP appearing on behalf of the

respondent-State has opposed grant of regular bail

looking to the nature and gravity of the offence.

5. Learned Advocates appearing on behalf of the

respective parties do not press for further reasoned


6. I have heard the learned advocates appearing on

behalf of the respective parties and perused the papers.

Following aspects are considered:-

I. The submission of the learned Advocate for
the applicant that the applicant and
prosecutrix have already married and they
are having two children.

II. The affidavit to that effect and the
agreement for marriage is produced on

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.

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.

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R/CR.MA/17752/2017 ORDER

9. Hence, the present application is allowed. The

applicant is ordered to be released on regular bail in

connection with I-CR No.59 of 2010 registered with Gir-

Gadhada Police Station, Gir-Somnath 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


[a] not take undue advantage of liberty or misuse

[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 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

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

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R/CR.MA/17752/2017 ORDER

in the matter.

11. 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.

12. 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.

13. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(A.Y. KOGJE, J.)

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