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Manjulaben vs State Of Gujarat on 25 July, 2017

R/CR.MA/18458/2017 ORDER



STATE OF GUJARAT….Respondent(s)

JUCKY LUCKY CHAN, ADVOCATE for the Applicant(s) No. 1
SUNIL H PRAJAPATI, ADVOCATE for the Applicant(s) No. 1
MR. L.R. PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1


Date : 25/07/2017


1. Rule. Learned APP waives service.

2. This application is filed seeking bail under Section
439 of the Code of Criminal Procedure, 1973 in respect of the
offences punishable under Sections 306, 498A and 114 of the
Indian Penal Code and under sections 3 and 4 of the Dowry Act
for which an FIR being I-C.R. No. 28 of 2017 with Dholka Town
Police Station, Ahmedabad.

3. Heard learned advocate for the applicant and
learned APP for the respondent State.

4. Learned advocate for the applicant has pointed out
that the allegations against the applicant are general in
nature. Considering the nature of allegations in the first

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R/CR.MA/18458/2017 ORDER

information report against the applicant, case for admitting
the applicant to bail is made out.

5. The application is, therefore, allowed. The applicant
is ordered to be released on bail in connection with F.I.R. being
I-C.R. No. 28 of 2017 registered with Dholka Town Police
Station, Ahmedabad, on his furnishing bail bond and surety
each in the sum of Rs. 10,000/- (rupees ten thousand only) to
the satisfaction of the trial court and also on the following
terms and conditions that the applicant shall:

(a) not take undue advantage of liberty or misuse

(b) not act in a manner injurious to the interest of the

(c) surrender his passport, if any, to the lower court
within a week;

(d) not leave the territory of India without prior
permission of the Sessions Judge concerned;

(e) mark presence in the concerned police station once
in a calendar month.

(f) furnish the present address of residence along with
the proof to the Investigating Officer concerned and
also to the trial court at the time of execution of the
bond and shall indicate change of residential address
if any to the trial court.

6 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 take
appropriate action in the matter.

6.1. Bail bond to be executed before the lower court

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R/CR.MA/18458/2017 ORDER

having jurisdiction to try the case.

6.2. It will be open for the concerned court to delete,
modify and/or relax any of the above conditions, in accordance
with law.

6.3. At the trial, the trial court shall not be influenced by
the observations of primary nature, qua the evidence at this
stage, made by this court while enlarging the applicnt on bail.
6.4. Rule is made absolute to the aforesaid extent.
Direct service is permitted.


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