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Vinodbhai Bhikhabhai Chauhan vs State Of Gujarat on 24 September, 2019

R/CR.MA/13542/2019 ORDER




MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
Respondent(s) No. 1


Date : 24/09/2019


1. This application is filed by the applicant under Section 439 of the

Code of Criminal Procedure, 1973 for regular bail in connection

with FIR registered as C.R. No.II-107/2019 with Bharat Nagar

Police Station, Bhavnagar for the offence punishable under

Sections 498A and Section306 of the Indian Penal Code.

2. Learned advocate appearing on behalf of the applicant submits

that considering the nature of offence, the applicant may be

enlarged on regular bail by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor

appearing for the respondent-State has opposed grant of regular

bail looking to the nature and gravity of the offence.

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R/CR.MA/13542/2019 ORDER

4. Learned Advocates appearing on behalf of the respective parties do

not press for a further reasoned order.

5. I have heard the learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered :-

I) The First Information Report is registered on 21.04.2019 for the

offence which is alleged to have taken place on 21.04.2019;

II) The applicant is in custody since 30.04.2019;

III) The investigation has concluded and the chargesheet is filed;

IV) The marriage period is of three years. The dying declaration

as well as the version of the deceased complainant herself

indicates that the nature of the applicant was suspicious. Apart

from that even in the dying declaration, nothing more is attributed

to the applicant and;

V) Learned Additional Public Prosecutor under the instructions of

the Investigating Officer is unable to bring on record any special

circumstances against the applicant.

This Court has taken into consideration the law laid down by the

Hon’ble Apex Court in the case of SectionSanjay Chandra v. Central

Bureau of Investigation reported in [2012] 1 SCC 40.

6. In the facts and circumstances of the case and considering the

nature of the allegations made against the applicant in the First

Information Report, without discussing the evidence in detail,

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R/CR.MA/13542/2019 ORDER

prima facie, this Court is of the opinion that this is a fit case to

exercise the discretion and enlarge the applicant on regular bail.

7. Hence, the present application is allowed. The applicant is ordered

to be released on regular bail in connection with C.R. No.II-

107/2019 with Bharat Nagar Police Station, Bhavnagar on

executing a personal 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

shall not obstruct or hamper the police investigation and shall

not play mischief with the evidence collected or yet to be collected

by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the

Trial Court concerned;

(e) mark presence before the concerned Police Station once in a

month for a period of six months between 11.00 a.m. and 2.00


(f) furnish the present address of his residence to the Investigating

Officer and also to the Court at the time of execution of the bond

and shall not change the residence without prior permission of

Trial Court;

8. The authorities will release the applicant only if he is not required

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R/CR.MA/13542/2019 ORDER

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.

9. Bail bond to be executed before the 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


10.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.

11.The application is allowed in the aforesaid terms. Rule is made

absolute to the aforesaid extent. Direct Service is permitted.



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