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Dhaval Dineshbhai Baraiya vs State Of Gujarat on 2 March, 2020

R/CR.MA/2966/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 2966 of 2020

DHAVAL DINESHBHAI BARAIYA
Versus
STATE OF GUJARAT

Appearance:
MR KANDRAP H DHOLKIA(3704) for the Applicant(s) No. 1
MR LB DABHI APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 02/03/2020
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.I­41/2019 registered with Jamnagar Mahila
Police Station for offence under Sections 498A,
306 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
taking into consideration the facts of the case,

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R/CR.MA/2966/2020 ORDER

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) the applicant is aged about 25 years and is
in jail since 12.11.2019;

(b) now the investigation is over and the
chargesheet is filed;

(c) it is submitted by learned advocate for the
applicant that general allegations are
leveled against the applicant;

(d) it is also submitted that the co­accused has
been enlarged on regular bail;

(e) I have considered the allegations leveled
against the applicant.

Looking to overall facts 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.I­
41/2019 registered with Jamnagar Mahila Police
Station 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

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R/CR.MA/2966/2020 ORDER

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
influenced by the prima facie observations made by

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R/CR.MA/2966/2020 ORDER

this Court in the present order.

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.)
Gautam

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