R/CR.MA/17701/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 17701
of 2017
SHAILESHKUMAR AMARSINH BARIA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR SUDHANSHU S PATEL, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 28/07/2017
ORAL ORDER
1. The present application is filed by the
applicantaccused for grant of regular bail under
Section 439 of the Code of Criminal Procedure which is
a successive bail.
2. The applicantaccused is charged with having
committed offences under Sections 498A, 323, 306 and
114 of the Indian Penal Code, for which FIR being C.R.
No. I33 of 2017 has been registered with Shahera
Police Station, District : Panchmahal.
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3. Heard learned advocate Shri S.S. Patel for the
applicantaccused and learned APP Shri K. L. Pandya
for the respondentState.
4. Learned advocate Shri S.S. Patel referred to the
background of the facts and submitted that the
applicant is the brotherinlaw and the allegations
are general in nature and, therefore, considering the
totality of the facts and circumstances, the present
application may be allowed.
5. Learned APP Shri K. L. Pandya for the respondent
– State however, resisted the application.
6. In view of the rival submissions and having
regard to the nature of the offence, role attributed
and considering the broad guidelines laid done by the
Apex Court with regard to the criteria for the grant
of regular bail, the present application deserves to
be allowed.
7. Accordingly, present application stands allowed.
The applicant is ordered to be released on regular
bail in connection with C.R. No. I33 of 2017 has been
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registered with Shahera Police Station,
District:Panchmahal, on his executing a bond of
Rs.10,000/ (Rupees Ten Thousand Only) with one
solvent surety of the like amount to the satisfaction
of the lower Court and subject to the conditions that
he shall:
(a) not take undue advantage of his liberty or
abuse his liberty.
(b) not to try to tamper or pressurize the
prosecution witnesses or complainant in any
manner.
(c) not act in any manner injurious to the
interest of the prosecution.
(d) maintain law and order and should cooperate
the investigating officers.
(e) furnish the address of his residence to the
Investigating Officer and also to the Court
at the time of execution of the bond and
shall not change his residence without prior
permission of the Court.
(f) surrender his passport, if any, to the lower
Court, within a week.
(g) mark his presence before concerned Police
Station 1st and 10th day of every calender
month between 11:00 AM and 4:00 PM.
8. If breach of any of the above conditions is
committed, the concerned Sessions Judge will be free
to issue warrant or take appropriate action in the
matter.
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9. Bail before the lower Court having jurisdiction
to try the case. It would be open to the trial Court
concerned to give time to furnish the solvency
certificate if prayed for.
10. Rule is made absolute. Direct service permitted.
(RAJESH H.SHUKLA, J.)
/phalguni/
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