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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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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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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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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