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Ashok @ Lakhan @ Karan S/O … vs State Of Gujarat on 25 October, 2019

R/CR.MA/19233/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 19233 of 2019

ASHOK @ LAKHAN @ KARAN S/O PRADIPBHAI GHANSHYAMBHAI
CHOITHANI
Versus
STATE OF GUJARAT

Appearance:
MR HARSHIT S TOLIA(2708) for the Applicant(s) No. 1
MR PARTH S TOLIA(5617) for the Applicant(s) No. 1
SHIRISHCHANDRA B TOLIA(8163) for the Applicant(s) No. 1
MS SHRUTI PATHAK, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 25/10/2019
ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of

rule on behalf of the respondent-State.

2. This application is filed by the applicant under Section 439 of the

Code of Criminal Procedure, 1973 for regular bail in connection

with FIR registered as C.R. No.I-176/2019 with Nilambaug

Police Station, District Bhavnagar for the offence punishable

under Section 307 of the Indian Penal Code, under Sections

25(1)AA, 25(1)BB and 27(2) of the SectionArms Act and under Section 135

of the Gujarat Police Act.

3. Learned advocate appearing on behalf of the applicant submits

that considering the nature of offence, the applicant may be

enlarged on regular bail by imposing suitable conditions.

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R/CR.MA/19233/2019 ORDER

4. On the other hand, the learned Additional Public Prosecutor

appearing for the respondent-State has opposed grant of regular

bail looking to the nature and gravity of the offence and also that

out of the matrimonial dispute, another offence under the

provisions of Section 498A, Section323 and Section506(2) of the Indian Penal

Code is now registered.

5. Learned Advocates appearing on behalf of the respective parties do

not press for a further reasoned order.

6. I have heard the learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered :-

I) The First Information Report is registered on 28.08.2019 for the

offence which is alleged to have taken place on 28.08.2019;

II) The applicant is in custody since 28.08.2019;

III) The investigation qua the applicant has concluded as the

remand period is over;

IV) The offence is an outcome of a matrimonial dispute where the

complainant is the wife;

V) The submission of learned Advocate for the applicant that

though a fire-arm was used, the injury sustained is of a simple

nature and the victim is out of danger and;

VI) Learned Additional Public Prosecutor under the instructions of

the Investigating Officer is unable to bring on record any special

circumstances against the applicant.

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R/CR.MA/19233/2019 ORDER

This Court has taken into consideration the law laid down by the

Hon’ble Apex Court in the case of SectionSanjay Chandra v. Central

Bureau of Investigation reported in [2012] 1 SCC 40.

7. In the facts and circumstances of the case and considering the

nature of the allegations made against the applicant in the First

Information Report, 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.

8. Hence, the present application is allowed. The applicant is ordered

to be released on regular bail in connection with C.R. No.I-

176/2019 with Nilambaug Police Station, District Bhavnagar

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;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution

and shall not obstruct or hamper the police investigation and shall

not play mischief with the evidence collected or yet to be collected

by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the

Trial Court concerned;

(e) mark presence before the concerned Police Station once in a

month for a period of six months between 11.00 a.m. 2.00 p.m.;

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R/CR.MA/19233/2019 ORDER

(f) furnish the present address of his 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

Trial Court and;

(g) not enter the limits of District Bhavnagar, for a period of six

months, except for marking presence and attending trial.

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.

10.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 application is allowed in the aforesaid terms. Rule is made

absolute to the aforesaid extent. Direct Service is permitted.

Sd/-

(A.Y. KOGJE, J)
CAROLINE

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