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Indrajit Kantilal Vaghela vs State Of Gujarat on 1 February, 2019

R/CR.MA/24103/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 24103 of 2018

INDRAJIT KANTILAL VAGHELA
Versus
STATE OF GUJARAT

Appearance:
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

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 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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R/CR.MA/24103/2018 ORDER

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 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

is over.

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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R/CR.MA/24103/2018 ORDER

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.

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

prosecution;

(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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R/CR.MA/24103/2018 ORDER

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 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)
Radhika Srinivasan

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