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Hiteshsinh Ranjitsinh … vs State Of Gujarat on 7 August, 2019

R/CR.MA/11615/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 11615 of 2019

HITESHSINH RANJITSINH RAJPUROHIT
Versus
STATE OF GUJARAT

Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
MR MAHARSHI PATEL FOR MS SHIVANI RAJPUROHIT, for the Original
First Informant

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 07/08/2019
ORAL ORDER

1. Mr.Maharshi Patel, learned advocate, states that
Ms. Shivani Rajpurohit, learned advocate, has
received instructions to appear on behalf of the
original first informant. She is permitted to
file her Vakalatnama in the Registry. Mr.
Maharshi Patel, learned advocate, has appeared
on behalf of Ms.Shivani Rajpurohit, learned
advocate for the original first informant.

2. The present successive application is filed
under Section 439 of the Code of Criminal
Procedure, 1973, for regular bail in connection
with FIR being C.R. No.I­5 of 2019 registered
with Valsad Town Police Station, District
Valsad, for offence under Sections 498A, Section306 and
Section114 of the Indian Penal Code.

3. Learned advocate appearing on behalf of the
applicant submits that considering the nature of

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R/CR.MA/11615/2019 ORDER

the offence, the applicant may be enlarged on
regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the
respondent­State has opposed grant of regular
bail looking to the nature and gravity of the
offence.

5. Learned advocates appearing on behalf of the
respective parties do not press for further
reasoned order.

6. 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.

7. This Court has also considered the following
aspects:

(a) the applicant is in Jail since 11.03.2019;

(b) investigation is concluded and charge­sheet
is filed;

(c) learned advocate for the applicant has
referred the statements dated 10.01.2019 given
by the relatives of the deceased. Copies of the
same are produced on record. It is submitted
that no allegation was levelled against the
present appellant or the other co­accused in the
said statements. However, after a period of four

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R/CR.MA/11615/2019 ORDER

days, the FIR is lodged against the applicant
and others;

(d) it is further submitted that the marriage
span of the applicant and the deceased was
approximately eight months and it is not alleged
against the applicant that because of demand of
dowry, the deceased committed suicide;

(e) this Court has perused the material placed
on record and the investigation papers; and

(f) looking to the overall facts and
circumstances of the present case and when there
are two versions of the prosecution witnesses,
at this stage, this Court is inclined to
exercise discretion in favour of the applicant.

8. This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the
case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in (2012) 1 SCC 40.

9. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with FIR being C.R. No.I­5 of
2019 registered with Valsad Town Police Station,
District Valsad, 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;

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R/CR.MA/11615/2019 ORDER

[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
this Court;

10. 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.

11. At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in the present order.

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R/CR.MA/11615/2019 ORDER

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J)
piyush

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