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Rameshbhai Arvindbhai Rathod vs State Of Gujarat on 7 December, 2018

R/CR.MA/20278/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 20278 of 2018

RAMESHBHAI ARVINDBHAI RATHOD
Versus
STATE OF GUJARAT

Appearance:
MR HARDIK H DAVE(6295) for the PETITIONER(s) No. 1
MR DM DEVNANI, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 07/12/2018

ORAL ORDER

1. The present application is filed under Section

439 of the Code of Criminal Procedure, 1973, for regular

bail in connection with I-CR No.68 of 2018 registered

with Kalol Police Station, Panchmahals for offence under

Sections 306, 498A and 114 of the Indian Penal Code.

2. Learned Advocate appearing on behalf of the

applicant submits that considering the nature of the

offence, the applicant may be enlarged on regular bail by

imposing suitable conditions.

3. Learned APP appearing on behalf of 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

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R/CR.MA/20278/2018 ORDER

respective parties do not press for 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 applicant is in jail since 03.07.2018.

II. The investigation is concluded and charge
sheet is filed.

III. Submission of learned Advocate for the
applicant that accidentally, wife had
fallen into the well on the back side of
the house. However, subsequently, offence
is registered.

IV. Submission of learned Advocate for the
applicant that no specific allegation of
harassment is made.

V. Minor child is still with the family of
the applicant.

VI. Learned APP under instructions of IO is
unable to bring on record any special
circumstances against the applicant.

6. This Court has also 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.

7. In the facts and circumstances of the case and

considering the nature of the allegations made against

the applicant in the FIR, without discussing the evidence

in detail, prima facie, this Court is of the opinion that

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R/CR.MA/20278/2018 ORDER

this is a fit case to exercise the discretion and enlarge

the applicant on regular bail.

8. Hence, the present application is allowed. The

applicant is ordered to be released on regular bail in

connection with I-CR No.68 of 2018 registered with Kalol

Police Station, Panchmahals 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.;

[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 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

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R/CR.MA/20278/2018 ORDER

will be free to issue warrant or take appropriate action

in the matter.

10. 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.

11. 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.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(A.Y. KOGJE, J)
SHITOLE

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