R/CR.MA/15789/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 15789 of 2018

VIJRAJSINH SHERSINH SODHA
Versus
STATE OF GUJARAT

Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1,2
MS MOXA THAKKAR, LD.APP(2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 30/08/2018

ORAL ORDER

1. The present application is filed under Section 439
of the Code of Criminal Procedure for bail in connection with
an offence being C.R.No.I- 9 of 2018 registered with Naliya
Police Station, Kutch, for the offences punishable under
Sections 498A, 323, 114, 306, etc. of the Indian Penal Code.

2. Learned advocate appearing on behalf of the
applicants submits that considering the nature of offence, the
applicants may be enlarged on regular bail by imposing
suitable conditions.

3. 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.

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

Page 1 of 3

R/CR.MA/15789/2018 ORDER

5. I have heard learned advocates appearing on
behalf of the respective parties and considered the allegations
levelled against the applicants and the role played by the
applicants. I have also considered the fact that investigation is
over and charge-sheet is filed.

6. In the facts and circumstances of the case and
considering the nature of allegations made against the
applicants 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 applicants on
regular bail. Hence, the present application is allowed and the
applicants are ordered to be released on regular bail in
connection with an offence being C.R.No.I- 9 of 2018
registered with Naliya Police Station, on executing a
personal bond of Rs.10,000/- each (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 they
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 week;

[d] not leave the State of Gujarat without prior
permission of the Sessions Judge concerned;
[e] furnish latest address of their residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not change

Page 2 of 3
R/CR.MA/15789/2018 ORDER

the residence without prior permission of this
Court;

[f] shall mark their presence with the concerned
Police Station on any day of first week of alternate
English Calendar Month for two years;

7. The Authorities will release the applicants only if
they are 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 applicants on bail. Rule is made
absolute to the aforesaid extent.

Direct service is permitted.

[A.J.DESAI,J.]

*dipti

Page 3 of 3