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Patel Jayantibhai Maganbhai vs State Of Gujarat on 14 July, 2021

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R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 10450 of 2021

PATEL JAYANTIBHAI MAGANBHAI
Versus
STATE OF GUJARAT

Appearance:
MR TANMAY B KARIA(6833) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE S.H.VORA

Date : 14/07/2021

ORAL ORDER

1. Heard learned advocate, for the applicant and learned
APP, for the respondent-State through V.C. Learned advocate
Mr. Harshad Panchal is permitted to appear for complainant
and assist learned APP. Mr. Harshad Panchal has filed written
objection, which is ordered to be taken on record.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
registered at C.R.No.11206045210557 of 2021 with Mahesana
City “B” Division Police Station, Mehsana for the offences
punishable under
Sections 306, 498A and 114 of IPC.

3. Heard and examined the papers placed for consideration
in support of the submission made at bar.

4. Upon hearing submission, following picture emerges on
record :-

(i) Substantial investigation is over.

(ii) Alleged offence under section 306 of IPC provides
punishment upto 10 years.

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R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

(iii) No past antecedent is registered qua the applicant.

(iv) The analysis and scrutiny of police papers, as it is,
does not disclose with unqualified clarity to come to
conclusive finding at threshold the applicant’s
unassailable finding of culpability under
Section 306 of
the IPC. The materials on record do not indicate, prima
facie, any act of cruelty or harassment, mental or
physical, so as to persistently/continuously provoke the
deceased to take extreme step with no other option. No
such persistent or consistent applicant’s conduct, which
requires culpability, is found in the police papers, more
particularly, from the statement of the near and dear to
the deceased. No doubt, the deceased died due to
unnatural death and she was not happy. To attract
section 306, there has to be clear mens rea to commit an
offence and active and direct role leading the deceased
to commit suicide. The averments made in the FIR are
very general in its nature allegedly involved entire family
and attributes same and identical role to all the persons
charged.

(v) The applicant has deep root in the society, no
apprehension as to flee away or escape trial or tempering
with the evidence /witnesses is expressed.

(vi) In view of above position emerging at the end of
hearing, the application deserves consideration, but by
imposing suitable condition to be observed by the
applicant, pending investigation and trial.

5. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with F.I.R.
registered at C.R.No.11206045210557 of 2021 with Mahesana

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R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

City “B” Division Police Station, Mehsana on executing a 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 the applicant 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] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer
concerned, as and when required for
investigation purpose and attend the Court
concerned regularly.

[e] furnish the present address of residence along
with the proof to the I.O. concerned and also
to the Court at the time of execution of the
bond and shall not change the residence
without prior permission of Sessions Court
concerned;

6. The competent authority will release the applicants only
if the applicants are 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. 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. 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 applicants on
bail.

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R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

7. Rule made absolute to the aforesaid extent. Direct
service is permitted.

(S.H.VORA, J)
SATISH

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