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Arjunshinh vs State

High Court Of Gujarat|28 October, 2010


The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the chargesheet.
The applicant-accused is charged with having committed offences under Sections 498(A) and 306 of the Indian Penal Code, for which, FIR being I-C.R.No.154/2010 has been lodged at Himmatnagar Town Police Station, Himmatnagar, District : Sabarkantha.
Learned counsel, Mr.Bhavik Pandya for learned counsel, Mr.Shrikar Bhatt for the applicant submitted that the allegations are of general nature and the deceased had committed suicide at her parental home and, therefore, the provisions of Section 306 of the Indian Penal Code would not be attracted. He further submitted that as the chargesheet has been filed, the present application may be allowed.
Learned A.P.P., Ms.Shah resisted the present application and submitted that she had earlier married and, thereafter, it is her second marriage. She submitted that cause of suicide is that her character is doubted.
Having heard learned counsel appearing for the applicant-accused and learned A.P.P. for the State and having considered the nature of offence, manner in which it is alleged to have been committed, role attributed and also the fact that the chargesheet has been filed, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.154/2010 registered with Himmatnagar Town Police Station, Himmatnagar, District : Sabarkantha on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant 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.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top
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Arjunshinh vs State


High Court Of Gujarat

28 October, 2010