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Kusumben vs State Of Gujarat on 13 October, 2017

R/CR.MA/23814/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR CHINTAN S POPAT, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1


Date : 13/10/2017


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 at C.R. No.

I-46 OF 2017 with Gir-Gadhda Police Station, Gir-

Somnath for the offence punishable under Sections 306,

498A 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.

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R/CR.MA/23814/2017 ORDER

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 offence.

4. Learned Advocates appearing on behalf of the

respective parties do not press for a further reasoned


5. I have heard the learned advocates appearing on

behalf of the respective parties and perused the papers.

Following aspects are considered :-

I) Investigation is over and charge-sheet is filed;
II) the applicant is the mother-in-law;
III) from the allegations in the FIR and the charge-sheet
papers, the harassment is attributed to the husband.
The allegations against the applicant are general in

IV) now, it is evidence on record that, the applicant was
residing separately from the family of her son. Two minor
children of the deceased are being taken care of the

This Court has taken into consideration the law laid down

by the Hon’ble Apex Court in the case of Sanjay Chandra

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R/CR.MA/23814/2017 ORDER

v. Central 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-46 OF 2017 registered with

Gir-Gadhda Police Station, Gir-Somnath 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 she 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 her residence to the

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R/CR.MA/23814/2017 ORDER

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;

8. The authorities will release the applicant only if she

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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