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Gaurang Ashokbhai Patel vs State Of Gujarat on 18 September, 2019

R/CR.MA/14497/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 14497 of 2019

GAURANG ASHOKBHAI PATEL
Versus
STATE OF GUJARAT

Appearance:
MR MRUGEN K PUROHIT(1224) for the Applicant(s) No. 1
MS JIRGA JHAVERI APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 18/09/2019
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.I­52/2019 registered with Vidhyanagar Police
Station, Anand for offence under Sections 498A and
Section306 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/14497/2019 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 in jail since 06.05.2019;

(b) the investigation is concluded and the
chargesheet is filed;

(c) it is contended by learned advocate for the
applicant that general allegations are
levelled by the complainant against the
present applicant in the FIR in question
about the demand of dowry and giving physical
and mental torture by the applicant to the
deceased, however, the said allegations are
prima facie not correct in view of the
statement given by the deceased on
02.06.2017. At this stage, it is contended
that earlier also, the deceased tried to
commit suicide, at that time, the present
applicant has saved her and immediately
statement of the deceased was recorded on
02.06.2017, copy of said statement is placed
on record. After referring to the same, it is
contended that no allegation of demand of
dowry or giving physical and mental torture
by the applicant to the deceased was leveled
in the said statement.

(d) it is not in dispute that the statements of
the neighrbours are recorded by the
investigating agency and they have not

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R/CR.MA/14497/2019 ORDER

leveled allegation against the present
applicant supporting the case of the
complainant.

In view of the aforesaid 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
52/2019 registered with Vidhyanagar Police
Station, Anand 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;

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

[d] not leave the India without prior
permission of the Sessions Judge
concerned;

[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.;

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R/CR.MA/14497/2019 ORDER

[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;

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
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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