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Vinodbhai Amarsingh Chauhan vs State Of Gujarat on 16 August, 2017

R/CR.MA/19828/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR HEMANT B RAVAL, ADVOCATE for the Applicant(s) No. 1
MR. L.R. PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1


Date : 16/08/2017


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, 325 of the
Indian Penal Code and under sections 3 and 7 of the Dowry
Prohibition Act for which C.R. No. I-198 of 2017 came to be
registered with Vatva Police Station, Ahmedabad.

2. Heard learned advocate for the applicant and
learned APP for the respondent State.

3. It has been submitted by the learned counsel for the applicant
that cause of quarrel between the couple was some other ground and no
cruelty was exhibited by the applicant within the meaning of section 498A of
the Indian Penal Code. He contended that the police has investigated the
offence on that line as well. From the investigation papers, statement of one
witness acknowledging frequent telephonic conversation between the
deceased and himself is found.

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R/CR.MA/19828/2017 ORDER

4. Considering the nature of accusations against the
applicant and the above referred facts, the applicant is
required to be admitted to bail.

5. The application is, therefore, allowed. The applicant
is ordered to be enlarged on bail in connection with C.R. No. I-
198 of 2017 registered with Vatva Police Station, Ahmedabad,
on his furnishing bail bond and surety each in the sum of Rs.
10,000/- (rupees ten thousand only) to the satisfaction of the
trial court and also on the following terms and conditions that
the applicant shall:

(a) not take undue advantage of liberty or misuse

(b) not act in a manner injurious to the interest of the

(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.

6 The authorities will release the applicant 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 take

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R/CR.MA/19828/2017 ORDER

appropriate action in the matter.

6.1. Bail bond to be executed before the lower court
having jurisdiction to try the case.

6.2. It will be open for the concerned court to delete,
modify and/or relax any of the above conditions, in accordance
with law.

6.3. At the trial, the trial court shall not be influenced by
the observations of primary nature, qua the evidence at this
stage, made by this court while enlarging the applicant on bail.
6.4. Rule is made absolute to the aforesaid extent.
Direct service is permitted.


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