R/CR.MA/17533/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17533 of 2019
GOVINDBHAI @ ARVINDBHAI MAGANBHAI MAKWANA
Versus
STATE OF GUJARAT
Appearance:
MR HITESH S PADHYA(3877) for the Applicant(s) No. 1
MS. NISHA THAKORE, APP, (2) for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 03/10/2019
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-72 of 2019
with Prabhas-Patan Police Station for the offence
punishable under Sections 306 and 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 First Information Report is registered on 03.7.2019
for the offence which is alleged to have taken place on
01.07.2019.
II)The applicant is in custody since 04.07.2019.
III) The investigation is concluded and charge-sheet is
filled.
IV) Considering the statements of the witnesses, it
appear that the incident appears to have occurred on
account of minor fight between the husband and wife.
V) Considering the fact that out of the marriage there are
three minor children, all of whom are with the family of
the applicant.
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 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
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R/CR.MA/17533/2019 ORDER
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-72 of 2019 with Prabhas-Patan Police Station
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;
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,
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R/CR.MA/17533/2019 ORDER
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)
Siddharth
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