Chauhan Chandrikaben Khushalbhai Punjabhai vs State Of Gujarat

Vipul M. Pancholi, J

The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I−45 of 2018 registered with Satlasana Police Station, District Mahesana for offence under Sections 306 and 114 of the Indian Penal Code.

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 APP appearing on behalf of the respondent−State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned Advocates appearing on behalf of the R/CR.MA/19417/2019 ORDER 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 the following aspects:

(a) applicant is lady accused. She is in jail since 21.12.2018;

(b) investigation is concluded and charge− sheet is filed;

(c) this application is filed pursuant to the liberty granted by this Court to file fresh application after some time. The earlier application filed by the applicant was withdrawn by her on 04.04.2019;

(d) it is submitted by learned advocate for the applicant that marriage life of the applicant with the deceased husband was more than 23 years.

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 C.R.No.I−45 of 2018 registered with Satlasana Police Station, District Mahesana 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 India without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a R/CR.MA/19417/2019 ORDER period of six months between 11:00 a.m. and 2:00 p.m.;

[f] 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 this 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.