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Shubham Ghanshyam Shukla vs State Of Gujarat on 30 August, 2019

R/CR.MA/16594/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 16594 of 2019

SHUBHAM GHANSHYAM SHUKLA
Versus
STATE OF GUJARAT

Appearance:
MR NIRAL R MEHTA(3001) for the Applicant(s) No. 1,2
MR MITESH AMIN, PP with MS KRINA CALLA, APP for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 30/08/2019

ORAL ORDER

1. Rule. Learned Public Prosecutor waives service of notice of
rule on behalf of Respondent-State.

2. Considering the peculiar facts and circumstances of the case,
it is hoped that learned Trial/ Sessions Court shall conclude the
trial as expeditiously as possible.

In view of the above observation, learned advocate appearing
on behalf of the applicants does not press this application qua
applicant No.1. Hence, the present application is disposed of as not
pressed qua applicant No.1.

3. This bail application is filed under Section 439 of the
Code of Criminal Procedure for regular bail in connection with an
offence being C.R.No.I- 55 of 2019 registered with Adipur Police
Station, Kachchh East-Gandhidham for the offences punishable
under Sections 498A, Section306, Section114 of IPC and Sections 3 and Section4 of the
Dowry Prohibition Act.

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R/CR.MA/16594/2019 ORDER

4. Learned advocate appearing on behalf of the applicants
submits that considering the nature of offence, the applicant No.2
may be enlarged on regular bail by imposing suitable conditions.

5. Learned Additional Public Prosecutor appearing on behalf of
the respondent-State has opposed grant of regular bail looking to
the nature and gravity of the offence.

6. Learned advocates appearing on behalf of the respective
parties do not press for further reasoned order.

7. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers of investigation and
considered the allegations levelled against the applicant No.2 and
the role played by the applicant No.2, who is father-in-law of the
deceased.

8. In the facts and circumstances of the case and
considering the nature of allegations made against the applicant
No.2 in the FIR, without discussing the evidence in detail, prima
facie, this Court is of the opinion that this is a fit case to exercise
the discretion and enlarge the applicant No.2 on regular bail.
Hence, the present application is allowed and the applicant No.2 is
ordered to be released on regular bail in connection with an
offence being C.R.No.I-55 of 2019 registered with Adipur Police
Station, Kachchh East-Gandhidham, on executing a personal
bond of Rs.10,000/- (Rupees Ten thousands only) with one surety
of the like amount to the satisfaction of the learned 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 injuries to the interest of the
prosecution;

[c] surrender passport, if any, to the lower court within a

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R/CR.MA/16594/2019 ORDER

week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on

alternate Monday of the every English Calendar month
for a period of six months, between 10:00 a.m. and
2:00 p.m. and thereafter on any of every three months,
till the trial is over;

[f] furnish latest 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 this Court;

9. The Authorities will release the applicant No.2 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 learned 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 trial,
learned 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 No.2 on bail. Rule is
discharged qua applicant No.1 Rule is made absolute to the
aforesaid extent qua applicant No.2.

Direct service is permitted.

(A.J.DESAI, J)
KUMAR ALOK

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