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Rita W/O Ghanshyam Shukla vs State Of Gujarat on 13 August, 2019

R/CR.MA/13676/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 13676 of 2019

RITA W/O GHANSHYAM SHUKLA
Versus
STATE OF GUJARAT

Appearance:
MR NIRAL R MEHTA(3001) for the Applicant(s) No. 1,2
MR SUNNY M GOHIL(10265) for the Respondent(s) No. 1
MR. AMIT R TIWARI(9947) for the Respondent(s) No. 1
MR JK SHAH, APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 13/08/2019

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.I-55 of 2019
registered with Adipur Police Station, Kutch
East Gandhidham for offence under Sections
498A, Section306 and Section114 of the Indian Penal Code
and Sections 3 and Section4 of Dowry Prohibition
Act.

2. Learned Advocate appearing on behalf of the
applicant 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
respondent-State has opposed grant of regular

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R/CR.MA/13676/2019 ORDER

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
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.
This Court has also considered the aspects
that; (i) the applicants are lady accused and
they are in jail since 28.6.2019; (ii)
investigation is concluded and now the
chargesheet is filed during the pendency of
this application; (iii) I have considered the
allegations levelled against the applicants;
looking to the over all facts and
circumstances of the present case, I am
inclined to consider this application.

6. 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.

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R/CR.MA/13676/2019 ORDER

7. Hence, the present application is allowed.

The applicants are ordered to be released on
regular bail in connection with FIR being
C.R.No.I-55 of 2019 registered with Adipur
Police Station, Kutch East Gandhidham 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 Sessions Judge
concerned;

[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

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R/CR.MA/13676/2019 ORDER

without prior permission of this
Court;

8. 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 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.

9. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.

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

(VIPUL M. PANCHOLI, J)
SRILATHA

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