R/CR.MA/8410/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8410 of 2019
HARESHBHAI KABABHAI @ KALPESHBHAI PARMAR
Versus
STATE OF GUJARAT
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR L B DABHI, APP(2) for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 03/07/2019
ORAL ORDER
1. The present bail application is filed under
Section 439 of the Code of Criminal Procedure,
1973, for regular bail in connection with FIR
being IC.R.No.06 of 2019 registered with Sihor
Police Station, Bhavnagar for offence punishable
under Sections 306, Section498A, Section323, Section504 and Section114 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
respondentState has opposed grant of regular
bail looking to the nature and gravity of the
offence.
4. Learned advocates appearing on behalf of the
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R/CR.MA/8410/2019 ORDER
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, 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. I have also taken into consideration the
following aspects :
a. applicant is in jail since 11.01.2019
b. investigation is concluded and chargesheet
filed.
c. I have considered the allegation levelled
against the applicant in the FIR as well as in
the papers of the chargesheet and from the
same, it is revealed that general allegations
are leveled against the applicant and no
allegation of demand of dowry is made.
In the facts and circumstances 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
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R/CR.MA/8410/2019 ORDER
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 IC.R.No.06 of
2019 registered with Sihor Police Station,
Bhavnagar 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 India without prior permission
of the concerned Trial Court;
[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.;
[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
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R/CR.MA/8410/2019 ORDER
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.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(VIPUL M. PANCHOLI, J)
Pallavi
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