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Digvijaysinh Mahendrasinh … vs State Of Gujarat on 21 February, 2018

R/CR.MA/3819/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 3819 of 2018

DIGVIJAYSINH MAHENDRASINH JADEJA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR. RAKESH PATEL, ADDL. PUBLIC PROSECUTOR for the
RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 21/02/2018

ORAL ORDER

1. The present application is filed under Section 439 of the
Code of Criminal Procedure, 1973, for regular bail in
connection with I-C.R.No.05 of 2018 registered with the
Krushnanagar Police Station, for the offences punishable under
Sections 306, 498A read with 114 of the Indian Penal Code
and sections 3 and 7 of the Dowry Prohibition Act.

2. The 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. The learned APP appearing on behalf of the respondent-
State has opposed grant of regular bail looking to the nature
and gravity of the offence.

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R/CR.MA/3819/2018 ORDER

4. The learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.

5. I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers of the
investigation and considered the allegations levelled against
the applicant and the role played by the applicant.

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

(I) The applicant-accused is 22 years of age. He is a student;

(II) He happens to be the brother-in-law of the deceased;

(III) He is unmarried;

(IV) Having regard to the allegations in the first information
report, which are substantially against the husband and the
mother-in-law, I am persuaded to exercise my discretion in
favour of the applicant-accused.

7. This Court has also taken into consideration the law laid
down by the Hon’ble Apex Court in the case of Sanjay Chandra
v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

8. In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the FIR, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion and enlarge the applicant on regular

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R/CR.MA/3819/2018 ORDER

bail.

9. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with I-C.R.No.05 of 2018 registered with the
Krushnanagar 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 he shall;

[a] not take undue advantage of liberty or misuse
liberty;

[b] not act in a manner injuries to the interest of the
prosecution;

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

[d] not leave the State of Gujarat without prior

permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station
on alternate Monday 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 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.

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R/CR.MA/3819/2018 ORDER

11. 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.

12. 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 bail.
Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(J.B.PARDIWALA, J.)

Vahid

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