Mukeshbhai Ratubhai Chauhan(Dalit) vs State Of Gujarat on 27 January, 2020

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Gujarat High Court

Mukeshbhai Ratubhai Chauhan(Dalit) vs State Of Gujarat on 27 January, 2020

Bench: Vipul M. Pancholi

       R/CR.MA/22929/2019                                            ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 22929 of 2019
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            MUKESHBHAI RATUBHAI CHAUHAN(DALIT)
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 27/01/2020
                     ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I39 of 2019 registered with Dantiwada Police Station, District Banaskantha, for offence under Sections 306, 498A and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

2. 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. 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. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. Having heard the learned advocates for the parties and perusing the material placed on record and Page 1 of 4 Downloaded on : Mon Jan 27 23:50:53 IST 2020 R/CR.MA/22929/2019 ORDER taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. This Court has considered following aspects,

(a) the applicant is in Jail since 23.09.2019;

(b) investigation is over and chargesheet is filed;

(d) it is submitted by the learned advocate for the applicant that general allegations are levelled against the applicant;

(e) learned advocate for the applicant has also referred the Certificates produced at Pages 38 and 39 of the compilation and from the said certificates, it is pointed out that both the sisters of the applicant are blind and there is no other male member in the family to look after; and

(f) looking to the facts and circumstances of the present case, I am inclined to consider the case of the applicant.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I39 of Page 2 of 4 Downloaded on : Mon Jan 27 23:50:53 IST 2020 R/CR.MA/22929/2019 ORDER 2019 registered with Dantiwada Police Station, District Banaskantha, on executing a personal 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 passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court; [e] mark presence before the concerned Police Station between 1st to 10th day 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 the concerned trial court;

9. 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 Page 3 of 4 Downloaded on : Mon Jan 27 23:50:53 IST 2020 R/CR.MA/22929/2019 ORDER 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 prima facie observations made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4 Downloaded on : Mon Jan 27 23:50:53 IST 2020

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