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CR.MA/7744/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7744 of 2011
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JIGNESHBHAI
GAJANAN @ GAJANANDBHAI DAVE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
ZUBIN F BHARDA for Applicant(s) : 1,
MR KP RAVAL APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/06/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submits that investigation
is over and charge sheet is filed. It is further submitted
that the applicant is elder brother-in-law of the
deceased and other co-accused are already enlarged on bail, except
husband and father-in-law of the deceased. Learned advocate relying
on the agreement submitted that the deceased had married to one
Dipak, son of the applicant of Criminal Misc. Application No.7745 of
2011 and stayed with him for about 2 years prior to her lawful
marriage with Dipak. It is further submitted that allegations
levelled in the FIR are causing mental and physical torture to the
deceased and the deceased was pressurized to part with the land
owned by her uncle in favour of the applicant, who is alleged to be
running a school. It is further submitted that in fact only part of
the land belonging to the relatives of the deceased was handed over
to the applicant pursuant to the agreement and monthly rent of
Rs.5,000/- is being paid. It is further submitted that considering
the nature of allegations and role attributed to the applicant, by
imposing suitable conditions, the applicant may be enlarged on
bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case, prima facie, allegations with regard to pressurizing and
torturing the deceased by the applicant – accused so as to
part with the land in question on which school is situated and
operations, are not born out. At the same time only part of the
land was given to the applicant by relatives of the deceased as per
the recital in the agreements. However, no complaint was made by
the deceased about allegations pertaining to the land on which
school is running. Therefore, taking into consideration the facts
of the case, nature of allegations, role attributed to the accused
and punishment prescribed for the alleged offences coupled with the
fact that charge sheet is filed,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicant on bail in connection with
C.R.No.I-6/2011 of Mahila Police Station, District Rajkot for the
offences punishable under sections 306, 498A, 504 and 114 of the
Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten
thousand only) with one surety of the like amount to the
satisfaction of the lower Court and on conditions that the applicant
shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m till commencement of the trial.
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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