R/CR.MA/21049/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 21049 of 2017
PANDYA KIRANDEV BALUBHAI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR VIVEK V BHAMARE, ADVOCATE for the Applicant(s) No. 1
MR VN BHAMARE, ADVOCATE for the Applicant(s) No. 1
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 12/09/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for the
respondentState.
2. This application is filed seeking bail under Section 439 of the
Code of Criminal Procedure, 1973 in respect of the offences punishable
under Sections 498A, 306 and 114 of the Indian Penal Code for which
FIR came to be registered at C.R. No.I 36 of 2017 with Visnagar
Taluka Police Station.
3. Having considered the rival contentions it appears that the victim
is stated to have committed suicide on account of harassment meted
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out to her for delivering female baby against the expectations of the
accused persons’ who wanted her to deliver the male baby. The FIR
and the chargesheet papers contain the averments that time and again
the victim used to go to her parental house in disapproval of the
harassment meted out to her. However the learned counsel for the
petitioner would contend that nowhere in the material collected by the
investigating agency, the nature of harassment as required under
Section 498A of the Indian Penal Code read with section 306 thereof is
demonstrated, for the purpose of holding the petitioner guilty of the said
offence.
4. Having regard to the overall circumstances, in the opinion of this
Court the case for admitting the petitioner to bail is made out.
5. Hence, this application is allowed and applicant is ordered to be
released on bail in connection with C.R No.I 36 of 2017 registered with
Visnagar Taluka 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;
(d) not leave the territory of India without prior permission of the
Sessions Judge concerned;
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(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 Investigating Officer concerned and also to the trial
court at the time of execution of the bond and shall indicate
change of residential address if any to the trial court.
6. The competent authority will release the applicants only if he is
not required in connection with any other offence for the time being.
6.1 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate action in the
matter.
6.2 Bail bond to be executed before the lower court having
jurisdiction to try the case.
6.3 It will be open for the concerned Court to delete, modify and/or
relax any of the above conditions in accordance with law.
6.4 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 applicants on bail.
7. Rule made absolute to the aforesaid extent. Direct service is
permitted.
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(G.R.UDHWANI, J.)
niru*
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