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2018 DIGILAW 559 (GUJ)

Vinay Rishikant Sharma v. State of Gujarat

2018-02-20

J.B.PARDIWALA

body2018
ORDER : J.B. PARDIWALA, J. 1. Rule returnable forthwith. Ms. Moxa Thakkar, the learned APP waives service of notice of rule for and on behalf of the respondent-State. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with 1-C.R. No. 14 of 2017 registered with the Narol Police Station, Ahmedabad, for the offences punishable under Sections 306, 498-A read with Section 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act. 2. Mr. Dipak Dave, the learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Ms. Moxa Thakkar, the learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. The learned Advocates appearing on behalf of the respective parties do not press for. further reasoned order. 5. I have heard the learned Advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. 6. I have also taken into consideration the following aspects : 1. The investigation is over. Charge-sheet has been filed. 2. All other co-accused have been released either on anticipatory bail or regular bail. 3. While releasing three co-accused on anticipatory bail, a Coordinate Bench of this Court observed in para 5 of its order as under: "5. Having considered the nature of accusation, more particularly, the general allegations made against the petitioners after 10 days of the death of the deceased, the case for admitting the petitioners to anticipatory bail in absence of apprehension against the petitioners tampering with the evidence or threatening the witnesses, fleeing from justice at this stage, without discussing the evidence in detail, is made out." 4. Ms. Thakkar, the learned APP pointed out that the brother-in-law namely Asutosh had an evil eye on the deceased and used to harass the deceased. Asutosh has been released on regular bail by the Sessions Court. 5. I have gone through the statement of one Rekhaben Ashokbhai Rathod. She happens to be the neighbour. This statement is a part of the charge-sheet. The statement of Rekhaben speaks for itself. Asutosh has been released on regular bail by the Sessions Court. 5. I have gone through the statement of one Rekhaben Ashokbhai Rathod. She happens to be the neighbour. This statement is a part of the charge-sheet. The statement of Rekhaben speaks for itself. I should not discuss the statement at this stage, as it may cause prejudice to the prosecution. 6. The accused has a two and half (2 ½) years old daughter. 7. Even otherwise the allegations are general in nature. Atleast a case for release on regular bail has been made out. 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in VIII (2011) SLT 428 : IV (2011) DLT (Crl.) 578 (SC) : [2012] 1 SCC 40. 8. In the facts and circumstances of the case and considering the nature of the 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. 9. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with I-CR. No. 14 of 2017 registered with the Narol Police Station, Ahmedabad on executing a personal bond of Rs. 25,000 (Twenty Five 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 injuries 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 alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; (f) furnish the present 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. 10. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. 10. 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 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, 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 applicant on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.