R/CR.MA/1510/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1510 of 2019
GAUTAMBHAI RAMUBHAI DANTANI
Versus
STATE OF GUJARAT
Appearance:
RAVINDRA R BHARAI(9489) for the PETITIONER(s) No. 1
SIDDHARTH R KHESKANI(9483) for the PETITIONER(s) No. 1
MR K L PANDYA, APP for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 14/02/2019
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 167/2018 with Karjan Police
Station, Vadodara for the offence punishable under Sections 307,
498A, 323, 326(A), 504 ,506(2) and 114 of the Indian Penal
Code and Section 3 and 7 of the Dowry Prohibition Act.
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 respondentState has opposed grant of regular
bail looking to the nature and gravity of the offence.
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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 FIR was registered on 08.09.2018 for the offence alleged
to have took place on 01.07.2017.
II) The applicant is in custody since 09.09.2018;
III) Investigation is concluded and chargesheet is filed.
IV) Submission of learned advocate for the applicant that the
nature of offence is that the complainantwife of the appplicant
was administered with acid as the applicant was doubting her
chastity. However, learned advocate for the applicant draws
attention of this Court to the hand written complaint by the
complainant herself where different version was given, and the
complaint was filed belatedly.
V) Considering the stage at which the marriage is poised, it would
be appropriate to grant bail to the applicant who is the husband.
VI) 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
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Hon’ble Apex Court in the case of Sanjay 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
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 167/2018 with Karjan Police Station, Vadodara 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 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.;
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(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
this Court;
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)
Radhika
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