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Prakashbhai Thakorbhai Tandel vs State Of Gujarat on 12 March, 2019

R/CR.MA/3349/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 3349 of 2019

PRAKASHBHAI THAKORBHAI TANDEL
Versus
STATE OF GUJARAT

Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MS. KRINA CALLA, APP, (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 12/03/2019
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-82 of 2018
with Dungri Police Station for the offence punishable under
Sections 498A, 306, 323 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.

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 order.

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R/CR.MA/3349/2019 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 First Information Report is registered on
05.11.2018 for the offence which is alleged to have taken
place on 31.10.2018.

I)The applicant is in custody since 06.11.2018.

III) The investigation is concluded and charge-sheet is
filled.

IV) The submission of learned advocate for the applicant
is that the marriage period is of six years and during this
period, there is no report of harassment.

V) Learned advocate draws attention of this Court to the
statement recorded prior to the registration of the FIR
however, pertaining to the same incident, where no
allegations of any illicit affair with the sister-in-law is
alleged.

VI) Considering the reason that comes out during the
course of investigation that on account of minor fight of
purchase of cloth, the incident has happened.

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

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R/CR.MA/3349/2019 ORDER

This Court has taken into consideration the law laid down
by the Hon’ble Apex Court in the case of
Sanjay
Chandra 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-82 of 2018 with Dungri Police Station 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;

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

(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.;

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R/CR.MA/3349/2019 ORDER

(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 this 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 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)
Siddharth

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