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Avdheshkumar @ Swetu … vs State Of Gujarat on 21 March, 2018

R/CR.MA/5650/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 5650 of 2018

AVDHESHKUMAR @ SWETU SHAMBHUDAYAL YADAV
Versus
STATE OF GUJARAT

Appearance:
DARSHIT R BRAHMBHATT(8011) for the PETITIONER(s) No. 1
MR RAKESH PATEL, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 21/03/2018

ORAL ORDER

The present application is filed under Section 439 of the
Code of Criminal Procedure, 1973, for regular bail in connection
with the First Information Report registered with the Nadiad
Town Police Station vide I-C.R.No.65 of 2017, for the offences
punishable under Sections 498A and 306 of the Indian Penal
Code and under Sections 3 and 7 of the Dowry Prohibition Act.

The 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.

The learned APP appearing on behalf of the respondent-
State has opposed grant of regular bail looking to the nature and
gravity of the offence.

The learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.

Page 1 of 4

R/CR.MA/5650/2018 ORDER

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.

I have also taken into consideration the following aspects :

(1) The investigation is over. Charge-sheet has been filed.

(2) The FIR came to be lodged by the father of the deceased
after one month from the date of the incident.

(3) Mr.Patel, the learned APP, with his usual fairness,
submitted that although charge-sheet has been filed, yet
the picture is not clear how the deceased sustained
injuries.

(4) It appears that the day the deceased sustained injuries,
she became unconscious. The deceased went in coma. The
parents of the deceased came down to Nadiad from Uttar
Pradesh. They took discharge from the hospital at Nadiad
against the medical advice. The deceased passed away on
the way to Agra.

(5) Prima facie, the case appears to be of a very deficient
investigation.

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.

Page 2 of 4

R/CR.MA/5650/2018 ORDER

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.

Hence, the present application is allowed and the applicant
is ordered to be released on regular bail in connection with the
First Information Report registered with the Nadiad Town Police
Station vide I-C.R.No.65 of 2017, 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 injuries 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 Court.

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

Page 3 of 4

R/CR.MA/5650/2018 ORDER

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.

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

(J.B.PARDIWALA, J.)
/MOINUDDIN

Page 4 of 4

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