R/CR.MA/4378/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4378 of 2017 ========================================================== SHAILESHBHAI GOVINDBHAI CHUDASAMA....Applicant(s) Versus STATE OF GUJARAT 1....Respondent(s) ========================================================== Appearance: NANAVATI CO., ADVOCATE for the Applicant(s) No. 1 MS MOXA THAKKAR APP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 15/03/2017 ORAL ORDER
1. Heard learned advocate for the applicant and learned
A.P.P. for the respondent – State.
2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-124 of 2016 registered with Mahila police
station, Rajkot City, Rajkot City under Sections 498A, 306 and
323 of the Indian Penal Code.
3. Considering the papers of investigation supplied by the
learned A.P.P. during the course of hearing, it seems that
allegation as to abatement levelled against the applicant
before one year of the incident. Investigation is complete.
Chargesheet is filed. No apprehension is expressed by the
State with regard to tampering with the evidence or fleeing
from justice. Therefore, present application deserves
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4. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R.No.I-124
of 2016 registered with Mahila police station, Rajkot City,
Rajkot City on executing a bond of Rs.25,000/-(Rupees Twenty
Five Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
the applicant shall;
[a] not take undue advantage of liberty or misuse
[b] not act in a manner injuries to the interest of the
[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose and
attend Court concerned regularly.
[e] furnish the present address of residence along with
the proof to the I.O. concerned and also to the Court
at the time of execution of the bond and shall not
change the residence without prior permission of
Sessions Court concerned;
5. The Authorities will release the applicant only if the
applicant 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 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. At the
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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.
6. Rule made absolute to the aforesaid extent. Direct
service is permitted.
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