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CR.MA/186020/2009 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1860 of
2009
=========================================================
PRAVINBHAI
RAMANBHAI DEVIPUJAK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CB DASTOOR for
Applicant(s) : 1,
MR LB DABHI ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 25/03/2009
ORAL
ORDER
1. Rule.
Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of respondent-State of Gujarat.
2. This
application has been filed under Section 439 of the Code of Criminal
Procedure, 1973, for grant of bail in connection with FIR, being C.R.
No. I-62 of 2008, registered at Koth Police Station, Taluka : Dholka,
District : Ahmedabad, for offences punishable under Sections 498(A),
307 and 114 of the Indian Penal Code, Sections 3 and 7 of the Dowry
Prohibition Act and Sections 5, 6 and 7 of the Domestic Violence Act.
3. The
allegation contained in the FIR is that the applicant, along with
other co-accused persons, is involved in the commission of the
above-mentioned offences.
4. Mr.
C.B. Dastoor, learned Advocate for the applicant has submitted that
the applicant is innocent and he has been falsely implicated in the
commission of the alleged offence. That, the daughter of the
complainant sustained injuries accidentally, while she was preparing
food at night and this has been stated by her, in her Dying
Declaration. That, the applicant and his parents themselves, took the
daughter of the complainant to the hospital, to provide medical
treatment to her. That, the FIR is filed after a period of about 15
days, with some ulterior motive. Even otherwise, the daughter of the
complainant has been discharged from the hospital, long back. That,
there is no likelihood that the applicant may abscond, tamper with
the evidence or pressurize the witnesses and, therefore, the
application for bail may be favorably considered.
5. Mr.
L.B. Dabhi, learned APP on behalf of the respondent-State has
strongly opposed the grant of bail to the applicant.
6. I
have considered the submissions made by the learned Counsel for the
respective parties, and perused the contents of the FIR as well as
other material on record. It appears from the narration in the FIR
that the allegations levelled against the applicant are of a vague
and general nature. It further transpires from the material on
record that the daughter of the complainant has herself stated, in
her Dying Declaration, that she has received injuries accidentally,
while cooking. Considering the totality of the facts and
circumstances of the case, as emerging from the material on record,
the manner in which the offence is alleged to have taken place and
the nature and gravity of the offence, the application deserves to be
allowed.
7. For
the reasons stated above, the
application is allowed. The applicant is ordered to be released on
bail in connection with FIR being C.R. No. I-62 of 2008 registered
with Koth Police Station, Taluka : Dholka, District : Ahmedabad, on
his executing a personal bond to the tune of Rs.10,000/- (Rupees Ten
Thousand Only), with one solvent surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
the applicant:
a) shall
not take undue advantage of his liberty or abuse his liberty in any
manner;
b) shall
not act in a manner injurious to the interest of the prosecution
or tamper with evidence or intimidate witnesses;
c)
shall maintain law and order and shall cooperate fully with the
investigating officers and shall make himself available for
investigation, as and whenever directed;
d) shall
mark his presence before the Investigating Officer of the concerned
Police Station on the 15th and 30th day of
every English calendar month, between 10:00 am to
5:00 pm, till the commencement of trial;
e) shall
not leave the local limits of the State of Gujarat without the
prior permission of the concerned Sessions Judge;
f) shall
furnish his residential address to the Investigating Officer and
also to the court at the time of execution of the bond and shall
not change his residential address without prior permission of
this Court;
g) shall
surrender his Passport, if any, to the lower Court within a week.
8. If
the applicant commits breach of any of the above conditions, the
concerned Sessions Judge will be free to issue warrants or take
appropriate action in the matter.
9. It
is made clear that no observations made by this Court be construed as
having any bearing on the merits of the case, at the time of the
trial. The trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observations contained in this
order.
10. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate, if prayed for.
11. Rule
is made absolute. Direct Service is permitted.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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