R/CR.MA/20680/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20680 of 2017
VAGHARI (DEVIPUJAK) VIJAYBHAI @ GANDABHAI GUGABHAI
2….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR PRATIK B BAROT, ADVOCATE for the Applicant(s) No. 1 – 3
MS. JIRGA JHAVERI, APP, for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 30/08/2017
ORAL ORDER
1. This application is filed seeking bail under Section 439 of the
Code of Criminal Procedure, 1973 in respect of the offences punishable
under Sections 306, 498A, 323 and 114 of the Indian Penal Code for
which FIR came to be registered at C.R. No.I8 of 2017 with Ladol
Police Station.
2. Learned advocate for the applicant submitted that except vague
and general allegations about the deceased being scolded for
unsatisfactory household work as well as for her alleged illicit relation
with somebody, no specific case for making out offence under Section
306 of the IPC has been pleaded in the FIR and other investigation
papers; the bail is therefore sought.
3. Learned APP submitted that very serious crime under Section
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R/CR.MA/20680/2017 ORDER
306 of the IPC has been committed by the applicant. It was submitted
that impeaching the character of a married woman, without any material
against her is the serious most act of the accused which was sufficient
for the abetment of suicide. Bail is thus opposed by the learned APP.
4. Having considered the rival contentions and without expressing
any opinion in detail; no reasons are sought for the same, this Court
deems it appropriate to admit the applicant to bail.
5. Hence, this application is allowed and applicant is ordered to be
released on bail in connection with ICR No.8 of 2017 registered with
Ladol 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;
(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.
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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.
(G.R.UDHWANI, J.)
siddharth
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