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Sanjaybhai Jashubhai Bariya vs State Of Gujarat on 4 April, 2019

R/CR.MA/3714/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 3714 of 2019

SANJAYBHAI JASHUBHAI BARIYA
Versus
STATE OF GUJARAT

Appearance:
MR BHAVIK R SAMANI(8339) for the Applicant(s) No. 1
MR LB DABHI, APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 04/04/2019

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-106 of
2018 registered with Bodeli Police Station,
Chhota-Udaipur 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.

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R/CR.MA/3714/2019 ORDER

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 applicant on regular bail.
This Court has also considered the aspects
that; (i) the applicant is in jail since
19.11.2018; (ii) the investigation is
concluded and chargesheet is filed; (iii) the
co-accused i.e. father-in-law of the deceased
against whom serious allegations are levelled
is released on anticipatory bail by the
concerned Sessions Court; (iv) other two co-
accused are also released by coordinate Bench
of this Court; (v) there is delay of four
days in filing the FIR; (vi) looking to the
allegations levelled against the applicant in
the present FIR and the role played by the
applicant, I am inclined to exercise
discretion in favour of the applicant.

6. This Court has also taken into consideration
the law laid down by the Hon’ble Apex Court

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R/CR.MA/3714/2019 ORDER

in the case of Sanjay Chandra Vs. Central
Bureau of Investigation, reported in [2012] 1
SCC 40.

7. Hence, the present application is allowed.

The applicant is ordered to be released on
regular bail in connection with FIR being
C.R.No.I-106 of 2018 registered with Bodeli
Police Station, Chhota-Uadipur 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 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

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R/CR.MA/3714/2019 ORDER

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. 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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