Mothaliya Milkeshbhai Jitendrabhai v. State of Gujarat
2017-08-08
G.R.UDHWANI
body2017
DigiLaw.ai
ORAL ORDER : G.R. UDHWANI, J. Rule. Learned APP waives service. Heard learned advocate, for the applicant and learned APP, for the respondent-State. 2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 498-A, 306 and 114 of the Indian Penal Code for which FIR came to be registered at C.R. No.I-35 of 2017 with Bhiloda, Police Station. 3. Considering the nature of accusations against the petitioner, as also the statement of one Kamleshkumar Bachubhai Mothalia recorded under Section 161 of the Code of Criminal Procedure, this application deserves consideration. 4. Hence, this application is allowed and applicant is ordered to be released on bail in connection with I-CR No. 35 of 2017 registered with Bhiloda Police Station on executing a 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; (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. 5. The competent authority will release the applicant only if he is not required in connection with any other offence for the time being. 5.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 5.2 Bail bond to be executed before the lower court having jurisdiction to try the case. 5.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.4 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 applicants on bail. 6.
5.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.4 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 applicants on bail. 6. Rule made absolute to the aforesaid extent. Direct service is permitted.