R/CR.MA/3780/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3780 of 2019
KISHORBHAI RAJUBHAI RATHOD
Versus
STATE OF GUJARAT
Appearance:
MR.ADITYA J PANDYA(6991) for the Applicant(s) No. 1,2
MR JK SHAH, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 09/04/2019
ORAL ORDER
1. 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.I35 of 2018
registered with Songadh Police Station,
District Bhavnagar for offence under Sections
306, 498A and 114 of IPC.
2. Learned Advocate appearing on behalf of the
applicants submits that considering the
nature of the offence, the applicants may be
enlarged on regular bail by imposing suitable
conditions.
3. Learned APP appearing on behalf of the
respondentState has opposed grant of regular
bail looking to the nature and gravity of the
offence.
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4. Learned Advocates appearing on behalf of the
respective parties do not press for further
reasoned order.
5. 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.
6. This Court has considered the following
aspects:
Applicants are in jail since October, 2018.
General allegations are levelled against the
applicants in the FIR and in the papers of
chargesheet. No specific role is attributed
against the applicants.
Learned counsel appearing for the applicants
has pointed out from the material placed on
record that prior to the date of marriage of
the applicant No.1 with the deceased, father
of the deceased filed an FIR being C.R.NoI9
of 2016 with Sihor Police Station for the
offence punishable under Section 363 and 366
of IPC against one Rakeshbhai Hirabhai.
It is further pointed out from the record
that the said Rakeshbhai Hirabhai filed an
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R/CR.MA/3780/2019 ORDER
application under Section 439 of the Code of
Criminal Procedure, 1973 before the Sessions
Court in which it was specifically averred
that at the relevant point of time deceased
left her house voluntarily and had gone with
said accused Rakeshbhai Hirabhai.
In view of the aforesaid material, it is
contended by learned advocate for the
applicants that marriage of the deceased was
solemnized with applicant No.1 against her
will and therefore it appears that within a
period of 7 months from the date of marriage,
she had committed suicide.
Looking to the aforesaid peculiar facts and
circumstances of the present case, I am
inclined to consider the case of the
applicant No.1 – husband of the deceased
also.
7. 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.
8. Hence, the present application is allowed.
The applicants are ordered to be released on
regular bail in connection with FIR being
C.R.No.I35 of 2018 registered with Songadh
Police Station, District Bhavnagar on
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R/CR.MA/3780/2019 ORDER
executing a personal bond of Rs.10,000/
(Rupees Ten Thousand only) each with one
surety of the like amount to the satisfaction
of the trial Court and subject to the
conditions that they 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.;
[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;
9. The authorities will release the applicants
only if they are not required in connection
with any other offence for the time being. If
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R/CR.MA/3780/2019 ORDER
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.
10. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.
11. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J)
Jani
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