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Hansaben D/O Khimabhai Gosiya vs State Of Gujarat on 30 November, 2018

R/CR.MA/19665/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 19665 of 2018

HANSABEN D/O KHIMABHAI GOSIYA
Versus
STATE OF GUJARAT

Appearance:
MS.NAMRATA J SHAH(6534) for the PETITIONER(s) No. 1
MR. D. M. DEVNANI, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 30/11/2018
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-4 of 2018

with Madhavpur Police Station, District-Porbandar for

the offence punishable under Sections 307, 323, 498A and

114 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.

Page 1 of 4

R/CR.MA/19665/2018 ORDER

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 applicant is in custody since 12-02-2018;

II) Investigation is concluded and charge-sheet is filed..

III) The applicant is a lady accused and is implicated in the
offence as the informant had a doubt of the applicant
having a love affair with the informant’s husband.

IV) 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 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.

Page 2 of 4

R/CR.MA/19665/2018 ORDER

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

ordered to be released on regular bail in connection with

C.R. No.I-4 of 2018 with Madhavpur Police Station,

District-Porbandar 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 she 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 to enter the limits of Village Barej for a period of
three months (except for marking presence or attending th
trial);

(e) not leave the State of Gujarat without prior permission
of the Sessions Judge concerned;

(f) 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.;

(g) furnish the present address of her 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 she 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

Page 3 of 4
R/CR.MA/19665/2018 ORDER

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)
MR PARESH J SOMPURA

Page 4 of 4

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