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Bhavin Karshanbhai Vadgama vs State Of Gujarat on 7 April, 2017

R/CR.MA/8265/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR VH KANARA, ADVOCATE for the Applicant(s) No. 1
MR. NIKUNJ KANARA, ADVOCATE for the Applicant(s) No. 1
MR RUTVIJ OZA APP for the Respondent(s) No. 1


Date : 07/04/2017


1. Heard learned advocate for the applicant and learned
A.P.P. for the respondent – State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-74 of 2016 registered with Bhanwad police
station under Sections 306, 498A and 114 of the Indian Penal

3. Considering the chargesheet papers supplied by the
learned A.P.P. during the course of hearing, it appears that
there is same set of allegation alleged against all the four
accused persons including the present applicant. The parents-
in-law and brother-in-law of the deceased are granted regular
bail. Since the case of the present applicant stands on the
same footings, as of other co-accused persons, on the ground

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R/CR.MA/8265/2017 ORDER

of parity also, present application deserves consideration.

4. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R.No.I-74 of
2016 registered with Bhanwad police station 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 the applicant shall;

[a] not take undue advantage of liberty or misuse

[b] not act in a manner injurious to the interest of the

[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose and
attend Court concerned regularly.

[e] furnish the present address of residence along with
the proof to the I.O. concerned and also to the Court
at the time of execution of the bond and shall not
change the residence without prior permission of
Sessions Court concerned;

5. The competent authority will release the applicant only if
the applicant 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 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

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R/CR.MA/8265/2017 ORDER

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

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

(S.H.VORA, J.)

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