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Azad @ Amar Baldevbhai Desai vs State Of Gujarat on 18 December, 2019

R/CR.MA/22403/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 22403 of 2019

AZAD @ AMAR BALDEVBHAI DESAI
Versus
STATE OF GUJARAT

Appearance:
MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1
MR.L.B.DABHI, APP, (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 18/12/2019
ORAL ORDER

1. Learned advocate Mr. Kamlesh K. Kotai is permitted to
file his appearance on behalf of original complainant.

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-41 of 2019 with
Mahila Police Station, West, Ahmedabad for the offense
punishable under Sections 377, Section498A, Section323, Section294(B), Section506(2) and
Section114 of the Indian Penal Code.

3. Learned advocate appearing on behalf of the applicant
submits that considering the nature of offense, the applicant
may be enlarged on regular bail by imposing suitable
conditions.

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
offense. He opposes on the ground that the father and grand-
mother who have been enlarged on conditional bail have not
complied with the conditions of bail.

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R/CR.MA/22403/2019 ORDER

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
06.10.2019 for the offense which is alleged to have taken
place from 02.05.2014 till 06.10.2019.

II)The applicant is in custody since 06.10.2019.

III) The investigation qua the applicant is concluded as
the remand period is over.

IV) The submission of learned advocate for the applicant
that the registration of the offense is an outcome of
strong matrimonial dispute, where not only the applicant,
but his father and grand-mother who are ordinary
residents of USA have been implicated.

V) The submission of learned advocate for the applicant
that though serious allegations of Section 377 of IPC are
made, there is no medical evidence in support.

VI)Learned Additional Public Prosecutor under the
instructions of the Investigating Officer is unable to bring
on record any special circumstances against the
applicant.

7. In the facts and circumstances of the case and
considering the nature of the allegations made against the

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R/CR.MA/22403/2019 ORDER

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-41 of 2019 with Mahila Police Station, West,
Ahmedabad 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 shall not obstruct or hamper the police
investigation and shall not to 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 to leave India 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. and 2.00 p.m.;

(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;

(g) to deposit active passport including all copies of
passport issued in favour of the applicant with the
Investigating Officer.

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R/CR.MA/22403/2019 ORDER

(h) not to enter Gandhinagar except marking presence
and attending the trial.

9. The authorities will release the applicant only if he is not
required in connection with any other offense 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.

(A.Y. KOGJE, J)
Siddharth

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