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Jitesh Rameshbhai Gopjibhai … vs State Of Gujarat on 19 February, 2019

R/CR.MA/1126/2019 ORDER




MR ADIL R MIRZA(2488) for the PETITIONER(s) No. 1
MR.L.R.POOJARI, APP, (2) for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2


Date : 19/02/2019

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-49 of 2018
with Dungra Police Station, Valsad for the offence
punishable under Sections 498A and 306 of the Indian Penal

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

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

4. Learned Advocates appearing on behalf of the respective
parties do not press for a further reasoned order.

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R/CR.MA/1126/2019 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 First Information Report is registered on
11.05.2018 for the offence which is alleged to have taken
place from 22.04.2018 till filing of the FIR.

I)The applicant is in custody since 12.05.2018.

III) The investigation is concluded and charge-sheet is

IV) The submission of learned advocate for the applicant
is that the applicant cannot be held responsible for the
incident as the deceased wife, applicant and their son, all
of them were residing at the maternal home of the

V) Statement of the witness (sister of the deceased) also
indicates that no role is attributed to the except for the
fact that in past, the applicant was in habit of consuming
liquor and doubting the character of the deceased-wife
however, the same was in some distant past.

VI)Learned Additional Public Prosecutor under the
instructions of the Investigating Officer is unable to bring
on record any special circumstances against the

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

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R/CR.MA/1126/2019 ORDER

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-49 of 2018 with Dungra Police Station, 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;

(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 leave the State of Gujarat without prior
permission of the Sessions Judge concerned;

(e) 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.;

(f) furnish the present address of his residence to the
Investigating Officer and also to the Court at the time of
execution of the bond and shall not change the residence

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R/CR.MA/1126/2019 ORDER

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


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