R/CR.MA/11582/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11582 of 2019
RAMAJI NARANJI VANZARA
Versus
STATE OF GUJARAT
Appearance:
MR TEJAS M BAROT(2964) for the Applicant(s) No. 1,2,3,4
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 01/08/2019
ORAL ORDER
1. The present application is filed under Section
439 of the Code of Criminal Procedure, 1973, for
regular bail in connection with FIR being C.R.
No.I18 of 2019 registered with Nandasan Police
Station, District Mehsana, for offence under
Sections 498A, Section306 and Section114 of the Indian Penal
Code.
2. Learned advocate appearing on behalf of the
applicants submits that considering the nature
of the offence, the applicants may be enlarged
on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the
respondentState 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 further
reasoned order.
5. Having heard the learned advocates for the
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R/CR.MA/11582/2019 ORDER
parties and perusing the material placed on
record and taking into consideration the facts
of the case, nature of allegations, gravity of
offences, role attributed to the accused,
without discussing the evidence in detail, this
Court is of the opinion that this is a fit case
to exercise the discretion and enlarge the
applicants on regular bail.
6. This Court has also considered the following
aspects:
(a) the applicants are in Jail since
13.06.2019;
(b) investigation is almost concluded;
(c) this Court has considered the investigation
papers including the Dying Declaration given by
the deceased. It is stated by the deceased in
the said Dying Declaration that she had received
burn injuries because of the accident;
(d) marriage span of applicant No.1 with the
deceased was of more than eight years; and
(e) looking to the overall facts and
circumstances of the present case, this Court is
inclined to exercise discretion in favour of the
applicants.
7. This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the
case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in (2012) 1 SCC 40.
8. Hence, the present application is allowed. The
applicants are ordered to be released on regular
bail in connection with FIR being C.R. No.I18
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R/CR.MA/11582/2019 ORDER
of 2019 registered with Nandasan Police Station,
District Mehsana, on executing a personal bond
of Rs.10,000/ (Rupees Ten Thousand only) each
with one surety of the like amount to the
satisfaction of the trial Court and subject to
the conditions that they 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 India without prior permission
of the concerned Trial Court;
[e] mark presence before the concerned
Police Station between 1st to 10th day of
every English calendar month for a
period of six months between 11:00 a.m.
and 2:00 p.m.;
[f] furnish the present 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;
9. The authorities will release the applicants only
if they 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 issue
warrant or take appropriate action in the
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R/CR.MA/11582/2019 ORDER
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.
10. At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in the present order.
11. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(VIPUL M. PANCHOLI, J)
piyush
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