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Dashrathbhai Rajubhai Sipara vs State Of Gujarat on 7 February, 2020

R/CR.MA/23469/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 23469 of 2019

DASHRATHBHAI RAJUBHAI SIPARA
Versus
STATE OF GUJARAT

Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 07/02/2020

ORAL ORDER

1. The present application is filed under Section 439
of the Code of Criminal Procedure, 1973, for
regular bail in connection with FIR being
C.R.No.I­63 of 2019 registered with Halvad Police
Station, District Morbi for offence under Sections
306, 498A and 114 of the Indian Penal Code.

2. 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.

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

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

5. Having heard the learned advocates for the parties
and perusing the material placed on record and

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R/CR.MA/23469/2019 ORDER

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.

6. This Court has considered following aspects,

(a) applicant is aged about 19 years. He is in
jail since 06.05.2019;

(b) investigation is over and charge­sheet is
filed;

(c) it is submitted by learned advocate for the
applicant that there is no allegation of
demand of dowry in the FIR in question
against the applicant and other co­accused;

(d) I have perused the allegations levelled
against the applicant in the FIR. I have also
perused the material placed on record.
Looking to the overall facts and circumstances of
the present case, I am inclined to consider the
case of the applicant.

7. 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.

8. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with FIR being C.R.No.I­63 of
2019 registered with Halvad Police Station,
District Morbi on executing a personal bond of
Rs.10,000/­ (Rupees Ten Thousand only) with one
surety of the like amount to the satisfaction of

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R/CR.MA/23469/2019 ORDER

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 the 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 the
bond and shall not change the residence
without prior permission of the concerned
trial court;

9. 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.

10. At the trial, the Trial Court shall not be

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R/CR.MA/23469/2019 ORDER

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.

(VIPUL M. PANCHOLI, J)
Jani

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