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Dipakbhai @ Dipalo Gunavantbhai … vs State Of Gujarat on 25 November, 2019

R/CR.MA/19810/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 19810 of 2019

DIPAKBHAI @ DIPALO GUNAVANTBHAI RATHOD
Versus
STATE OF GUJARAT

Appearance:
J K GANDHI(7482) for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 25/11/2019

ORAL ORDER

1. This application is filed by the applicant under Section 439 of the

Code of Criminal Procedure, 1973 for regular bail in connection with

FIR registered as C.R. No.I-45 of 2019 registered with

Jahangirpura Police Station, Surat City for the offence

punishable under Sections 306, Section498A of the Indian Penal Code.

2. Learned advocate appearing on behalf of the applicant submits that

considering the nature of offence, the applicant may be enlarged on

regular bail by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor

appearing for 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 a further reasoned order.

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R/CR.MA/19810/2019 ORDER

5. I have heard the learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered :-

I) The FIR is registered on 09.07.2019 for the offence which is

alleged to have taken place from after marriage to 05.07.2019.

II) The applicant is in custody since 09.07.2019;

III) The investigation is concluded and charge-sheet is filed;

IV) Submission of learned advocate for the applicant that the

applicant is aged 20 years and had entered into love marriage with

the deceased;

V) he draws attention of this Court to the statement of the mother

of the deceased dated 06-07-2019 which indicates that the

deceased was suffering with some illness for which the family was

suggesting a treatment through a local remedy;

VI) from the statement nothing is stated to suggest the applicant

was resorting to any mental or physical harassment to drive the

deceased to take a step;

VII) Learned Additional Public Prosecutor under the instructions of

the Investigating Officer is unable to bring on record any special

circumstances against the applicant.

This Court has taken into consideration the law laid down by the

Hon’ble Apex Court in the case of SectionSanjay Chandra v. Central

Bureau of Investigation reported in [2012] 1 SCC 40.

6. In the facts and circumstances of the case and considering the

nature of the allegations made against the applicant in the First

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R/CR.MA/19810/2019 ORDER

Information Report, 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 bail.

7. Hence, the present application is allowed. The applicant is ordered

to be released on regular bail in connection with C.R. No.I-45 of

2019 registered with Jahangirpura Police Station, Surat City

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

shall not obstruct or hamper the police investigation and shall not to

play mischief with the evidence collected or yet to be collected by

the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the

Trial Court concerned;

(e) mark presence before the concerned Police Station once in a

month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial

Court;

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R/CR.MA/19810/2019 ORDER

8. 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.

9. 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

observations of preliminary nature qua the evidence at this stage

made by this Court while enlarging the applicant on bail.

11.The application is allowed in the aforesaid terms. Rule is made

absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J)
URIL RANA

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