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CR.MA/5562/2009 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5562 of 2009
=========================================================
RAVAL
BHARATBHAI GOVINDBHAI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SK GADHAVI for
Applicant(s) : 1 - 3.
MR LB DABHI, ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 12/05/2009
ORAL
ORDER
Rule.
Mr.L.B.Dabhi, learned Additional Public Prosecutor, waives service
of notice of Rule on behalf of the respondent-State of Gujarat.
This
application, under Section 439 of the Code of Criminal Procedure,
has been filed by the applicants with a prayer to enlarge them on
bail in connection with FIR, being C.R.No.II-81/2009 registered with
Kadi Police Station, for offences punishable under Sections 498(A),
504, and 114, of the Indian Penal Code.
The
allegation against the applicants, who are the husband,
father-in-law and mother-in-law of the complainant is that, they are
involved in the commission of the above-mentioned offence.
Mr.S.K.Gadhvi,
learned counsel for the applicants, has submitted that the
applicants are innocent and have been wrongly implicated. That the
narration in the FIR will go to show that the allegations levelled
against the applicants are of a general nature and there is no
material on record to substantiate the same. That the complainant
has herself admitted that she was not subjected to cruelty and the
only allegation is that the applicant No.1 was not talking with her
properly. That taking into consideration the aspect that the
applicants are permanent residents of the address mentioned in the
cause-title and will not abscond, tamper with evidence or intimidate
witnesses, and will abide by any conditions that may be imposed by
the Court, the application may be favourably considered.
On
the other hand, the learned Additional Public Prosecutor, has
strongly opposed the grant of bail to the applicants.
I
have heard the learned counsel for the respective parties, perused
the averments made in the application, contents of the FIR and other
documents on record. Considering the entire material on record,
prima-facie, the involvement of the applicants in the commission of
the above-mentioned offences, in the manner alleged, is not clearly
borne out from the record. As it is not likely that the applicants
will abscond, tamper with evidence or intimidate witnesses, the
application deserves to be allowed. It is, accordingly allowed.
The
applicants are ordered to be released on bail, in connection with
FIR, being C.R.No.II-81/2009 registered with Kadi Police Station, on
their executing the personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) each with one solvent surety of the like amount to
the satisfaction of the trial Court and subject to the conditions
that they shall:
(a) not take undue
advantage of their liberty or abuse their liberty in any manner;
(b) not act in a manner injurious to the interest of the prosecution and not tamper with the evidence or intimidate the witnesses;
(c) maintain law and order and cooperate the investigating officers;
(d) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.
(e) mark their presence before the Investigating Officer of the concerned police station on 15th and 30th day of every month of the English calendar year, any time between 10.00 A.M. to 5.00 P.M. till the commencement of trial. The Investigating Officer will ensure the presence of a senior lady Police Officer, at all times when the applicant No.3 marks her presence;
(f) furnish the addresses of their residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
(g) surrender their Passport, if any, to the trial Court within a week;
In
case breach of any of the above conditions is committed, the
concerned Sessions Judge will be free to issue warrants or take
appropriate action in the matter.
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.
It
is made clear that no observation made by this Court be construed
as having any bearing on the merits of the case, at the time of
trial. The trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observation contained in this
order.
Rule
is made absolute. Direct service is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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