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Parth Nareshkumar Modi vs State Of Gujarat on 13 March, 2020

R/CR.MA/1234/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 1234 of 2020

PARTH NARESHKUMAR MODI
Versus
STATE OF GUJARAT

Appearance:
KEVAL H MAHARAJA(9062) for the Applicant(s) No. 1
MR. DHARMESH DEVNANI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 13/03/2020

ORAL ORDER

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 as C.R. No.I-105 of 2019

with Adalaj Police Station, Gandhinagar, for the

offence punishable under Sections 306, 498A, 114 of the

Indian Penal Code and under Sections 4 and 6 of the

Dowry Prohibition Act.

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.

3. On the other hand, the learned Additional Public

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R/CR.MA/1234/2020 ORDER

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 order.

5. I have heard the learned advocates appearing on behalf of

the respective parties and perused the papers. Following

aspects are considered :-

I) The F.I.R. is registered on 08-10-2019 for the offence
which is alleged to have taken place between 08-05-2017 to
04-10-2019;

II) The applicant is in custody since 17-10-2019;

III) Investigation is concluded and charge-sheet is filed;

IV) Learned Advocate for the applicant submitted that even
after the charge-sheet, the allegations in so far as the
applicant is concerned, are general in nature. Marriage
period is approximately of 3 years.

V) Co-accused against whom allegations are found, have
been enlarged on regular bail. Hence, applying principle of
parity.

VI) Learned Additional Public Prosecutor under the
instructions of the Investigating Officer is unable to bring
on record any special circumstances against the applicant.

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

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R/CR.MA/1234/2020 ORDER

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-105 of 2019 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 shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a
week;

(d) not leave the State of Gujarat without prior permission
of the Trial Court concerned;

(e) mark presence before the concerned Police Station
once in a month for a period of six months between 11.00
a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

8. 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

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R/CR.MA/1234/2020 ORDER

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)
PARESH SOMPURA

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