SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rohitji Rajuji Thakor vs State Of Gujarat on 11 February, 2020

R/CR.MA/762/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 762 of 2020

ROHITJI RAJUJI THAKOR
Versus
STATE OF GUJARAT

Appearance:
SHIVANGI D VYAS(10117) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 11/02/2020

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.I­116 of 2019 registered with Adalaj Police
Station, District Gandhinagar for offence under
Sections 323, 504, 506(2), 306, 114 and 498A 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
respective parties do not press for further
reasoned order.

5. Having heard the learned advocates for the parties

Page 1 of 4

Downloaded on : Wed Feb 12 03:01:16 IST 2020
R/CR.MA/762/2020 ORDER

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 applicant on regular bail.

6. This Court has considered following aspects,

(a) applicant is aged about 24 years. He is in
jail since 05.11.2019;

(b) investigation is over and charge­sheet is
filed;

(c) It is submitted by learned advocate for the
applicant that there is no allegation in the
FIR as well as in the investigation papers
against the applicant that applicant has
demanded dowry;

(d) it is further submitted that general
allegations are levelled against the
applicant in the FIR;

I have considered the submissions canvassed
by learned advocate for the applicant. I have
also perused the investigation papers
including the undertaking given by the
applicant.

Looking to the overall facts and circumstances of
the present case, I am inclined to exercise the
discretion in favour of the applicant.

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.

Page 2 of 4

Downloaded on : Wed Feb 12 03:01:16 IST 2020
R/CR.MA/762/2020 ORDER

8. Hence, the present application is allowed. The

applicant is ordered to be released on regular
bail in connection with FIR being C.R.No.I­116 of
2019 registered with Adalaj Police Station,
District Gandhinagar 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 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 the concerned
trial 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 will be free to issue warrant or

Page 3 of 4

Downloaded on : Wed Feb 12 03:01:16 IST 2020
R/CR.MA/762/2020 ORDER

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.

10. At the trial, the Trial Court shall not be
influenced by the prima facie observations made by
this Court in the present order.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.

(VIPUL M. PANCHOLI, J)
Jani

Page 4 of 4

Downloaded on : Wed Feb 12 03:01:16 IST 2020

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation