Dipakbhai Pratapbhai Baraiya vs State Of Gujarat

B.N. Karia, J

RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being

C.R.No. I-14 of 2019 registered with Aatarsumba Police Station, District: Kheda for the offences punishable under Sections 498A, 306, 323, 504,

506(2) read with 114 of the Indian Penal Code.

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on

regular bail by imposing suitable conditions.

Learned APP for the respondent State has strongly objected the submissions made by learned advocate for the applicant and submitted that the

settled of the dispute arrived at between the parties would not consider at this stage because the complainant himself has made serious allegations

against the present applicant as deceased daughter of the complainant was given mental and physical cruelty by the applicant. Learned APP has

referred the statement of witness namely Aroita, daughter of the complaint who is also married with the brother of the present applicant and has

supported the case of the prosecution. That, marriage life of the deceased with the present applicant was less than seven years. In any circumstances,

if the complainant has filed his affidavit supporting the case of the present applicant cannot be considered by the Court and the applicant has to face

the trial. Lastly, learned APP for the respondent-State has requested to dismissed present application.

Learned advocate for the original complainant has supported the contents of the affidavit filed by the complainant and stated that the complainant has

no objection if the applicant would be released on bail.

I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not

invite reasoned order.

Having considered the facts of the case and submissions made by learned advocate for the applicant, learned advocate for the original complainant

and learned APP for the respondent-State, it appears that this complaint was registered against 4 accused persons on 29th October 2019 except the

present applicant and other co- accused persons were released by the learned District and Sessions Judge, Kheda at Nadiad and after completing the

investigation, charge sheet was filed and present applicant was arrested on 29th October 2019. Complainant himself has filed his affidavit before this

Court and contents of this affidavit are supported by learned advocate for the complainant stating that due to intervention of the family elders of the

community, amicable settlement was arrived at between the parties and complainant has no objection if the present applicant would be released on

bail.

Considering the peculiar facts of the present case, this court is of the view that custody of the present applicant for further period would not be

required and this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No. I-14 of

2019 registered with Aatarsumba Police Station, District: Kheda 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 learned Trial Court and subject to the conditions that the applicant 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 State of Gujarat without prior permission of the Sessions Judge concerned;

[e] furnish latest and permanent 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;

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 learned 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, learned 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.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.