R/CR.MA/20950/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20950 of 2017
CHATRASINH @ LALO VAKHATSINH ZALA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR. BHARGAV K MEHTA, ADVOCATE for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP, for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 04/09/2017
ORAL ORDER
1. This application is filed seeking bail under Section 439 of the
Code of Criminal Procedure, 1973 in respect of the offences punishable
under Sections 498A, 306 and 114 of the Indian Penal Code for which
FIR came to be registered at C.R. No.I6 of 2017 with Rakhial Police
Station.
2. Learned counsel for the applicant has taken this Court to the
panchnama of scene of offence to point out that the deceased had met
with an accident while making the tea. He drew attention of this Court to
the reference made in the Panchnama to the fact that the parts of the
Primus were scattered all over suggesting the occurrence of the
accident. Learned counsel for the applicant also drew attention of this
Court to the medical history in the injury certificate given by the
deceased herself stating that on account of the accident, while
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preparing tea, she received the burn injuries. He also draws attention to
the relevant fact in the medical certificate that all the burns received by
the deceased on account of the said accident were superficial. It was
contended that there was no iota of evidence suggesting of suicide.
3. On the other hand, learned Additional Public Prosecutor has
drawn attention of this Court to the fact that the accused had illicit
relation with another lady on account of which there used to be quarrels
frequently between the couple and at one point of time, the fatherinlaw
of the deceased executed an affidavit depriving the applicant of all the
rights in his property and ensuring the rights of the deceased and her
children therein. The bail application is thus, opposed by the learned
APP.
4. Having considered the rival contentions, and without assigning
the detailed reasons as the parties do not invite the same, this Court on
consideration of over all circumstances of the case, is inclined to
exercise the discretion in favour of the applicant and admit him to bail.
5. Hence, this application is allowed and applicant is ordered to be
released on bail in connection with ICR No.6 of 2017 registered with
Rakhial 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 he shall;
(a) not take undue advantage of liberty or misuse liberty;
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(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.
6. The competent authority will release the applicants only if he is
not required in connection with any other offence for the time being.
6.1 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate action in the
matter.
6.2 Bail bond to be executed before the lower court having
jurisdiction to try the case.
6.3 It will be open for the concerned Court to delete, modify and/or
relax any of the above conditions in accordance with law.
6.4 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 applicants on bail.
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7. Rule made absolute to the aforesaid extent. Direct service is
permitted.
(G.R.UDHWANI, J.)
siddharth
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