AJAYSINH SHIVKUMAR SIKARVAR & 2....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ======================================================== Appearance:
MR CHETAN B RAVAL, ADVOCATE for the Applicant(s) No. 1 3 MR H. K. PATEL, APP for the Respondent(s) No. 1 ======================================================== CORAM: HONOURABLE MR.JUSTICE P.P.BHATT Date : 03/05/2016 ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with a First Information Report being C.R. No.I13 of 2016 registered with Krushna nagar Police Station, Dist. Ahmedabad for the offences punishable under Sections 307, 323, 324, 324, 498(A) and 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Act.
2. Learned Advocate for the applicants does not press this application for applicant Nos.2 and 3 at this stage.
3. Learned advocate for the applicant submitted that looking to the role attributed to the present applicant and the applicant is sought to be falsely involved on the basis of suspicion only, therefore, the case of the applicant may be considered for bail. It is further submitted that the investigation is over and the chargesheet is filed and therefore, now there is no possibility of tampering with the evidence by the present applicant. It is also submitted that applicant is not having any criminal antecedents. It is lastly submitted that considering the nature of allegations and role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.
5. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
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6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the First Information Report and also considering the fact that investigation is over and chargesheet is filed, now there is no possibility of tempering with the evidence, therefore, I am 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 First Information Report being C.R. No.I13 of 2016 registered with Krushna Nagar Police Station, Ahmedabad on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand Only) each, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
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[c] surrender passport, if any, to the lower court within a week;
[d] not enter in the State of Gujarat except to attend the Court proceedings;
[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of six months and thereafter, on alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent 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 this Court;
7. The Authorities will release the applicants 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, Page 4 of 5 HC-NIC Page 4 of 5 Created On Wed May 04 01:00:14 IST 2016 R/CR.MA/9665/2016 ORDER 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.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(P.P.BHATT, J.) Tuvar Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed May 04 01:00:14 IST 2016