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Diwaliben @ Dipika Shaileshbhai … vs State Of Gujarat on 27 September, 2019

R/CR.MA/16421/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 16421 of 2019

DIWALIBEN @ DIPIKA SHAILESHBHAI VAHONIA
Versus
STATE OF GUJARAT

Appearance:
MR JAYRAJ CHAUHAN(2966) for the Applicant(s) No. 1,2
MR RAVINDRA B KUMAR(10337) for the Applicant(s) No. 1
MS. NISHA THAKOR, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 27/09/2019

ORAL ORDER

1. This application is filed by the applicants 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

2018 with Randhikpur Police Station, Dahod, for the

offence punishable under Sections 306, Section498A and Section114 of

the Indian Penal Code.

2. Learned advocate appearing on behalf of the applicants

submits that considering the nature of offence, the

applicants 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

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R/CR.MA/16421/2019 ORDER

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.

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

the respective parties and perused the papers. Following

aspects are considered :-

I) The F.I.R. is registered on 21-11-2018 for the offence
which is alleged to have taken place on 21-11-2018.

II) The applicants are in custody since 19-07-2019;

III) Investigation is concluded and charge-sheet is filed;

IV) Considering the role of the applicants wherein the
actual strangulation is not prima facie attributed to the
applicants;

V) Submission of the learned Advocate for the applicants
that the applicants are lady accused and applicant No. 1 is
having minor children;

VI) Learned Additional Public Prosecutor under the
instructions of the Investigating Officer is unable to bring
on record any special circumstances against the
applicants.

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.

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R/CR.MA/16421/2019 ORDER

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

the nature of the allegations made against the applicants in

the First 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 applicants on regular bail.

7. Hence, the present application is allowed. The applicants

are ordered to be released on regular bail in connection

with C.R. No.I-45 of 2018 with Randhikpur Police

Station, Dahod, on executing a personal bond of

Rs.10,000/ (Rupees Ten Thousand Only) EACH with one

surety of the like amount to the satisfaction of the trial

Court and subject to the conditions that they 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/16421/2019 ORDER

8. The authorities will release the applicants only if they are

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

applicants 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)
PARESH SOMPURA

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