Priyajitsinh Mahendrasinh Chauhan vs State Of Gujarat on 2 January, 2023

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Gujarat High Court

Priyajitsinh Mahendrasinh Chauhan vs State Of Gujarat on 2 January, 2023

Bench: Samir J. Dave

     R/CR.MA/23848/2022                                    ORDER DATED: 02/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 23848 of 2022

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                   PRIYAJITSINH MAHENDRASINH CHAUHAN
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                 Date : 02/01/2023

                                     ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R.No.11821005220370 of 2022 registered with Devgadh-baria Police Station, District Dahod, for the offences punishable under Sections 489A, 489B, 489C, 489D, 489E1 of the Indian Penal Code.

3. Learned advocate for the applicant submits that considering the nature of offence and role attributed to the applicant who is 18 years of age and student, the applicant may be enlarged on regular bail by imposing suitable conditions.

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R/CR.MA/23848/2022 ORDER DATED: 02/01/2023

4. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

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

6. I have heard learned advocates appearing for the parties and perused the papers of investigation.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R.No.11821005220370 of 2022 registered with Devgadh-baria Police Station, District Dahod, 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;

[a] he shall not take undue advantage of liberty or misuse liberty;

[b] he shall not act in a manner injurious to the interest of the prosecution;

[c] he shall surrender passport, if any, to the lower Page 2 of 3 Downloaded on : Mon Jan 02 20:58:15 IST 2023 R/CR.MA/23848/2022 ORDER DATED: 02/01/2023 court within a week;

[d] he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] he shall furnish the present address of residence to the I.O. 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;

8. The authorities concerned shall 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.

9. Rule made absolute to the aforesaid extent. Direct service is permitted.

(SAMIR J. DAVE,J) ILA Page 3 of 3 Downloaded on : Mon Jan 02 20:58:15 IST 2023

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