R/CR.MA/16360/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 16360 of 2018
ZALA(THAKOR) KESARSINH TALSANGJI
Versus
STATE OF GUJARAT
Appearance:
DHARA P BHATT(7530) for the PETITIONER(s) No. 1
MR. PARTH H BHATT(6381) for the PETITIONER(s) No. 1
MR. MITESH AMIN PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No.
1
CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 04/09/2018
ORAL ORDER
[1] Rule. Learned Public Prosecutor waives
service of notice of rule for and on behalf of
respondentState.
[2] This bail application is filed under
Section 439 of the Code of Criminal Procedure for
regular bail in connection with an offence being
C.R.No.I49 of 2018 registered with Siddhpur Police
Station, Patan for the offence punishable under
Sections 306, 498A 114 of the Indian Penal Code.
[3] 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.
[4] Learned Public Prosecutor appearing on
behalf of the respondentState has opposed grant of
Page 1 of 3
R/CR.MA/16360/2018 ORDER
regular bail looking to the nature and gravity of the
offence.
[5] I have heard learned advocates appearing on
behalf of the respective parties and perused the
papers of investigation. I have considered that the
general allegations are made out as regard to the
harassment and no specific detailed allegations are
revealing after the conclusion of the investigation.
I have also considered that the chargesheet is
filed.
[6] In the facts and circumstances of the case
and considering the nature of allegations made
against the applicant 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 applicant on regular bail.
Hence, the present application is allowed and the
applicant is ordered to be released on regular bail
in connection with an offence being C.R.No.I49 of
2018 registered with Siddhpur Police Station, Patan
on executing a personal bond of Rs.10,000/ (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 he 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
Page 2 of 3
R/CR.MA/16360/2018 ORDERwithin a week;
[d] not leave India without prior permission of the
Sessions Judge concerned;
[e] mark presence before the concerned Police
Station on alternate Monday for initial three
months and thereafter, on first Monday of every
English calendar month, for a further period of
three months, between 10:00 a.m. and 2:00 p.m.;
[f] furnish latest address of 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 the trial Court;
[7] 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 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 applicant on bail. Rule is made
absolute to the aforesaid extent.
Direct service is permitted.
(R.P.DHOLARIA, J)
MANOJ KUMAR
Page 3 of 3
