R/CR.MA/21433/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 21433 of 2017
THAKOR ARJUNSINH FATESANG….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR. YOGENDRA THAKORE, ADVOCATE for the Applicant(s) No. 1
MR LR PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 13/09/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned
APP for the respondent-State.
2. This application is filed under Section 439 of the Code of
Criminal Procedure, 1973, for bail in connection with C.R.
No. I – 51 of 2017 registered with Vagdod Police Station for
the offences punishable under Sections 306 and 114 of the
Indian Penal Code and under Sections 3 and 7 of the Dowry
Prohibition Act.
3. Learned advocate for the petitioner submitted that even if
the nature of accusation against the petitioner as alleged in
the FIR and other investigation papers is taken at the face
value, no ingredients of Section 498A more particularly the
explanation thereto are attracted in absence of demonstration
of willful conduct as to nature of acts of the accused or the
nature of harassment as indicated in the said provision.
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Learned counsel would therefore submit that prima facie no
case for the offence under Section 306 read with explanation
to Section 498A of IPC is made out and the petitioner be
admitted to bail.
4. Opposing the bail application, learned APP drew the
attention of this Court to the accusation made against the
petitioner in the FIR and the other investigation papers and
would contend that the offence is of a serious nature and
therefore the petitioner should not be admitted to bail.
5. Having considered the rival contentions as also the
nature of accusation against the petitioner and without
discussing the same in greater detail as the parties do not
invite the reasoned order, the petitioner is required to be
admitted to bail.
6. Hence, the application is allowed and applicant is ordered
to be released on bail in connection with C.R. No. I – 51 of
2017 registered with Vagdod Police Station on executing
a 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 his passport, if any, to the lower court
within a week;
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[d] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[e] mark presence in the concerned police station once
in a calendar month;
[f] 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
indicate change of residential address if any to the
trial court.
6.1 The competent authority will release the applicant only if
he is not required in connection with any other offence for the
time being.
6.2 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate
action in the matter.
6.3 Bail bond to be executed before the lower court having
jurisdiction to try the case.
6.4 It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with
law.
6.5 At the 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.
7. Rule made absolute to the aforesaid extent. Direct service is
permitted.
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(G.R.UDHWANI, J.)
syed/
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