Diwaliben Wife Of Kantibhai Parmar vs State Of Gujarat

Bhargav D. Karia, J

Heard learned advocate Mr.Mrudul Barot for the applicant and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent- State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR-

I/11193052200535/2020 registered with Savarkundla Town Police Station, District - Amreli for offence under Sections 306, 498A, 323, 304(B) and

114 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act,1961.

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.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and

gravity of the offence. Learned Additional Public Prosecutor Ms.Shah submitted that there is a prima facie case against the applicant as stated in the

F.I.R. as well as in the charge- sheet since on the date of incident, the applicant has abused the deceased and her family members for birth of girl

child.

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

Having heard the learned advocates for the parties and perusing the material placed on record and 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.

This Court has considered following aspects :

(a) Applicant is in jail since 13th June, 2020.

(b) Investigation is over and charge-sheet is filed.

(c) Learned advocate for the applicant states that the vague allegations are made in the complaint against the applicant and the applicant is also in the

jail with the grand daughter aged 1 year of the deceased. It was further submitted that the accused Nos.2 and 4 are also released on regular bail;

Looking to the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.

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.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being CR-

I/11193052200535/2020 registered with Savarkundla Town Police Station, District - Amreli 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 she 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] 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;

The authorities will release the applicant only if she 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent.

Direct service is permitted.

The Registry is directed to communicate this order to the concerned Court/authority by Fax or Email.