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Dariyaben Haribhai Purohit vs State Of Gujarat on 2 July, 2019

R/CR.MA/12039/2019 ORDER




MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR L B DABHI, APP(2) for the Respondent(s) No. 1


Date : 02/07/2019


1. Rule. Learned APP Mr.L.B. Dabhi waives service
of Rule on behalf of the respondent State.

2. The present bail application is filed under
Section 439 of the Code of Criminal Procedure,
1973, for regular bail in connection with FIR
being I­C.R.No.37 of 2019 registered with Bavlu
Police Station, Mehsana for offence punishable
under Sections 306, Section498A, Section323, Section114 of the Indian
Penal Code and under Section 4 of the Dowry
Prohibition Act.

3. 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.

4. Learned APP appearing on behalf of the

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R/CR.MA/12039/2019 ORDER

respondent­State has opposed grant of regular

bail looking to the nature and gravity of the

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

6. Having heard the learned advocates for the
parties and perusing the material placed on
record and taking into consideration the facts
of the case, nature of allegations, gravity of
offences, role attributed to the accused,
without discussing the evidence in detail, this
Court is of the opinion that this is a fit case
to exercise the discretion and enlarge the
applicant on regular bail.

7. I have also taken into consideration the
following aspects :

a. applicant is a lady accused;
b. applicant is in jail since 05.06.2019
c. general allegations levelled against the
applicant and other two accused.
d. it is specifically contended by the learned
advocate for the applicant that the applicant
was residing separately from the deceased since
last four months.

In the facts and circumstances of the present
case, I am inclined to exercise to discretion in
favour of the applicant

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R/CR.MA/12039/2019 ORDER

8. This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the
case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in (2012) 1 SCC 40.

9. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with FIR being I­C.R.No.37 of
2019 registered with Bavlu Police Station,
Mehsana 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;

[c] surrender passport, if any, to the lower
court within a week;

[d] not leave India without prior permission
of the concerned Trial Court;

[e] mark presence before the concerned
Police Station between 1st to 10th day 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

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R/CR.MA/12039/2019 ORDER

the bond and shall not change the
residence without prior permission of
this Court;

10. 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. 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 prima facie observations made
by this Court in the present order.

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



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