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Ashaben vs State Of Gujarat on 29 November, 2017

R/CR.MA/28164/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
28164 of 2017

ASHABEN D/O KALUSINH VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR PADMRAJ K JADEJA, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 29/11/2017

ORAL ORDER

1. Heard learned advocate for the applicant and learned APP
for the respondent-State.

2. This application is filed seeking bail under Section 439 of
the Code of Criminal Procedure, 1973 in respect of the offences
punishable under Sections 306, 498A and 114 of the Indian
Penal Code for which FIR came to be registered at C.R. No.I-
146 of 2017 with Sector-21 Police Station, Gandhinagar.

3. Having considered the rival contentions as also having regard
to the nature of accusation against the petitioner, the case for
admitting the petitioner to bail in absence of antecedents and in
absence of apprehension against the petitioner tampering with
the evidence or threating the witnesses or fleeing from trial, is
made out.

4. Hence, this application is allowed and applicant is ordered to
be released on bail in connection with CR No.I-146 of 2017

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R/CR.MA/28164/2017 ORDER

registered with Sector-21 Police Station, Gandhinagar on
executing a 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 his passport, if any, to the lower court within
a week;

(d) not leave the territory of India without prior
permission of the Sessions Judge concerned;

(e) mark presence in the concerned police station once in
a calendar month;

(f) furnish the present address of residence along with the
proof to the Investigating Officer concerned and also
to the trial court at the time of execution of the bond
and shall indicate change of residential address if any
to the trial court.

5. The competent authority will release the applicant only if
he is not required in connection with any other offence for the
time being.

5.1 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate action
in the matter.

5.2 Bail bond to be executed before the lower court having
jurisdiction to try the case.

5.3 It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with law.
5.4 At the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this

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R/CR.MA/28164/2017 ORDER

stage, made by this Court while enlarging the applicant on bail.

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

(G.R.UDHWANI, J.)

Dolly

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