Nikhil @ Bhayyu Ravindrabhai Soni v. State of Gujarat
2017-09-04
G.R.UDHWANI
body2017
DigiLaw.ai
ORDER : G.R UDHWANI, J. 1. 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-78 of 2017 with Shaherkotda Police Station, Ahmedabad. 2. Learned counsel for the petitioner invited the attention of this Court to the contents of the FIR and submitted that no case as contemplated under Section 306 r/w explanation (a) and (b) r/w. Sections 107 of IPC is made out even if the FIR is taken into consideration at its face value. He also pointed out from the FIR that, the incident dated 20.04.2017 was triggered by a trivial dispute as regards switching off the fan. 3. Learned counsel for the complainant as also the learned APP submitted that an offence of serious nature within a span of one year of the marriage between the two has been committed and presumption under the relevant law is required to be raised against the applicant and it is for the applicant to explain as to what had happened within the four corners of his house, which the applicant has failed to explain. 4. On consideration of rival contentions and without expressing any opinion on merits as the parties do not invite the reasoned order, this Court is inclined to admit the petitioner to bail. 5. Hence, this application is allowed and the petitioner is ordered to be admitted to bail in connection with I-CR No. 78 of 2017 registered with Shaherkotda Police Station, Ahmedabad, 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. 6. The competent. authority will release the petitioner only if he is not required in connection with any other offence for the time being. 7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 8. Bail bond to be executed before the lower court having jurisdiction to try the case. 9. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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 petitioner on bail. 11. Rule made absolute to the aforesaid extent. Direct service is permitted.