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Gujarat High Court · body

2016 DIGILAW 1914 (GUJ)

Dilipbhai Shanubhai Dabhi v. State of Gujarat

2016-09-02

P.P.BHATT

body2016
ORDER : P.P. BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with First Information Report being C.R No. I-30 of 2016registered with Khambholaj Police Station, District-Anand, for the offences punishable under Sections 376 and 114 of the Indian Penal Code. 2. Heard learned counsel for the applicants and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicants submits that the applicants are brother-in-law and father-in-law of the victim lady and they are facing charge of offence punishable under Sections 376 and 114 of the Indian Penal Code. It is submitted that the story made out in the FIR is concocted and such frivolous complaint is filed with a view to cause harassment to the applicants. It is further submitted that in past also similar attempt was made by the victim lady against the applicant No. 2 and application for regular bail was moved by the applicant No. 2 in previous complaint being C.R No. I-73 of 2015 registered with Khambholaj Police Station and co-ordinate bench of this Court granted bail in favour of the applicant No. 2 Mafatbhai @ Bagabhai Jethabhai Dabhi vide order dated 22.01.2015 passed in Criminal Misc. Application No. 25070 of 2016. It is further submitted that the alleged incident is taken on 10.05.2016 and medical examination of the victim lady was done. The medical examination report also does not support prosecution case. There is no external mark of injury reported in the said report. It is further submitted that substantial part of the investigation is over, therefore there is no possibility of tampering with the evidence. It is lastly submitted that the applicants ready and willing to abide by all the conditions that may be imposed by this Court, and therefore, considering the nature of allegations and gravity of offence, they may be enlarged on regular bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicants, therefore, the present application may be rejected. 5. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicants, therefore, the present application may be rejected. 5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature and gravity of accusation made against the applicants in the First Information Report and other charge-sheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicants to enlarge the applicants on regular bail. 6. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with First Information Report being C.R No. I-30 of 2016 registered with Khambholaj Police Station, District-Anand, on their executing 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 following conditions that the applicants shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious 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) mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three 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 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. 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. 8. Rule is made absolute to the aforesaid. Direct service is permitted.