IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 24103 of 2018
INDRAJIT KANTILAL VAGHELA
STATE OF GUJARAT
BHARATKUMAR K VIZODA(8026) for the PETITIONER(s) No. 1
DIPESHBHAI P GUNSAI(7962) for the PETITIONER(s) No. 1
MR LR PUJARI, APP for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 01/02/2019
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 105/2018 with Nakhatrana
Police Station, Kachchh for the offence punishable under
Sections 498A, 306, 511, 323 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 respondentState 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
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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
I) The FIR was registered on 29.11.2018 for the offence alleged to
have took place on 28.11.2018.
II) The applicant is in custody since 08.12.2018;
III) Investigation qua the applicant is concluded as remand period
IV) Submission of learned advocate for the applicant is that the
offence is registered under Section 306 of IPC, the
wife(complainant) herself has survived.
V) Considering the allegations made in the FIR, the majority of the
allegation is against the motherinlaw, were the husband who
after the love marriage has separated from his parents to reside
separately. From the allegations the incident appears to have been
took place at maternal home of the complainant.
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 Sanjay Chandra v. Central
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Bureau of Investigation reported in  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.
7. Hence, the present application is allowed. The applicant is
ordered to be released on regular bail in connection with C.R.
No.I 105/2018 with Nakhatrana Police Station, Kachchh 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
(c) surrender passport, if any, to the lower Court within a week;
(d) not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
(e) mark presence before the concerned Police Station once on
Monday of 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 his residence to the Investigating
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Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of
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, 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)
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