R/CR.MA/9116/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9116 of 2018
(LALPARA) PARMAR KIRANKUMAR BABUBHAI
Versus
STATE OF GUJARAT
Appearance:
MR TEJAS P SATTA(3149) for the PETITIONER(s) No. 1
MR. L.B. DABHI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 02/07/2018
ORAL ORDER
1. This bail application is filed under Section
439 of the Code of Criminal Procedure for
regular bail in connection with an offence
being C.R.No.I- 11 of 2018 registered with
Vadgam Police Station, Banaskantha for the
offence punishable under Sections 306, 498A
and 114 of 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/9116/2018 ORDER
3. Learned Additional Public Prosecutor appearing
on behalf of the respondent-State has opposed
grant of regular bail looking to the nature
and gravity of the offence.
4. I have heard learned advocates appearing on
behalf of the respective parties and perused
the papers of investigation and after due
investigation, chargetseeht came to be filed
and considered the allegations levelled
against the applicant in the FIR are general
in nature, the proximate cause is not
revealing, this Court is inclined to use
judicial discretion for enlarging him on bail.
5. In the facts and circumstances of the case and
considering the nature of allegations made
against the applicant in the FIR, 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. Hence,
the present application is allowed and the
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R/CR.MA/9116/2018 ORDER
applicant is ordered to be released on regular
bail in connection with an offence being
C.R.No.I- 11 of 2018 registered with Vadgam
Police Station, Banaskantha, on executing a
personal bond of Rs.15,000/- (Rupees Fifteen
thousand only) with one surety of the like
amount to the satisfaction of the learned
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 injuries to the
interest of the prosecution;
[c] surrender passport, if any, to the lower
court within a week;
[d] not leave India without prior permission
of the Sessions Judge concerned;
[e] mark presence before the concerned Police
Station on every alternate Monday for a
period of six months, between 10:00 a.m.
and 2:00 p.m.;
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R/CR.MA/9116/2018 ORDER
[f] furnish latest 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;
7. The concerned authority shall 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 learned 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. At the
trial, learned 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
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R/CR.MA/9116/2018 ORDER
bail. Rule is made absolute to the aforesaid
extent.
8. Direct service is permitted.
(R.P.DHOLARIA, J)
SAURABH R. CHAUHAN
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