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Kiranbhai Muljibhai Gavaniya vs State Of Gujarat on 12 April, 2019

R/CR.MA/7240/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 7240 of 2019

KIRANBHAI MULJIBHAI GAVANIYA
Versus
STATE OF GUJARAT

Appearance:
MS MEDHA N PANDYA(6171) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 12/04/2019

ORAL ORDER

1. Rule. Learned APP waives service of Rule on behalf of the respondent
State.

2. The present application is filed under
Section 439 of the Code of Criminal
Procedure, 1973, for regular bail in
connection with FIR being C.R.No.I­127 of
2018 registered with Adalaj Police Station,
Gandhinagar for offence under Sections 498A,
315, 323, 504 and 114 of IPC.

3. 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.

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

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R/CR.MA/7240/2019 ORDER

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 considered the following
aspects:

Applicant is in jail since 21.02.2019.
Investigation is almost concluded.
FIR is filed for the offences punishable
under Sections 498A, 315, 323, 504 and 114 of
IPC.

This Court has released the co­accused
Hansaben on bail vide order dated 25.03.2019.
While enlarging the said co­accused on bail,
this Court has also observed that the fetus
was of one month and five days.
Looking to the aforesaid facts and
circumstances of the present case, I am
inclined to consider the case of the
applicant.

Page 2 of 4

R/CR.MA/7240/2019 ORDER

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.I­127 of 2018 registered with Adalaj
Police Station, Gandhinagar 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 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.;

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R/CR.MA/7240/2019 ORDER

[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.

12. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J)
Jani

Page 4 of 4

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