IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19665 of 2018
HANSABEN D/O KHIMABHAI GOSIYA
STATE OF GUJARAT
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
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
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.
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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 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  1
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.
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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
(c) surrender passport, if any, to the lower Court within a
(d) Not to enter the limits of Village Barej for a period of
three months (except for marking presence or attending th
(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
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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
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
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