Allowed

Bablu Shree Hariprasad Yadav v. State of Gujarat

Gujarat HC1 Jun 2020CR.MA/7461/2020

Case brief

AI extract

What is this about?

The High Court allowed an application for regular bail filed by two accused persons. The Court, in exercise of powers under Section 439 CrPC, ordered the release of both applicants on a personal bond of Rs. 10,000 each with a surety, subject to specific conditions regarding passport surrender, residence, and police presence.

What did the court decide?

Applicants released on regular bail on executing a personal bond of Rs. 10,000 each with one surety, subject to imposed conditions.

Bablu Shree Hariprasad Yadav Vs State of Gujarat — Bail and Remand | Gujarat HC (2020)

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R/CR.MA/7461/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7461 of 2020

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BABLU SHREE HARIPRASAD YADAV

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AND SANJAY SHREE HARIPRASAD YADAV

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Versus

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STATE OF GUJARAT

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Appearance:

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MRS NISHA M PARIKH(2397) for the Applicant(s) No. 1,2 Mr. L. D. Dabhi, learned APP for the State

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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY

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Date : 01/06/2020

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ORAL ORDER

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This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.No.11210056200607 of 2020 registered with Dindoli Police Station, District : Surat for the offences punishable under Sections 306, 498(A) and 114 of the Indian Penal Code and Sections 4 and 5 of the D.V.Act.

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Rule. Learned Additional Public Prosecutor waives service of notice of rule for the State.

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Page 1 of 5

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R/CR.MA/7461/2020 ORDER

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Heard learned advocate for the applicants and the learned Additional Public Proecutor through Video Conferencing.

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Learned advocate for the applicants has submitted that, the applicants have not committed any offence. Without prejudice to this, it is further submitted that, considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

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Learned Additional Public Prosecutor for the State has opposed this application.

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Having heard learned advocates for the respective parties and having considered the material on record and the role of the applicants in the offence in question, this Court finds that, this is the fit case to exercise the discretion to release the applicants on bail, in exercise of powers under Section 439 of the Code of Criminal Procedure, 1973, on certain conditions.

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Learned advocates for the respective parties do not press for reasons, so that it may not prejudice any of the parties, at the time of trail, however it is noted that, while passing this

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Page 2 of 5

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R/CR.MA/7461/2020 ORDER

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order, this Court has kept in view the law laid down by the Supreme Court of India in the case of Sanjay Chandra versus Central Bureau of Investigation, reported in (2012) 1 SCC 40.

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In view of above, the following order is passed.

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8.1 This application is allowed.

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8.2 Both the applicants are ordered to be released on regular bail in connection with C.R.No.11210056200607 of 2020 registered with Dindol Police Station, District : Surat on executing their personal bond of Rs.10,000/- (Rupees Ten Thousand only), each, with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that, they shall:-

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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Page 3 of 5

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R/CR.MA/7461/2020 ORDER

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station on the first Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

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[f] furnish the present 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 the residence without prior permission of the Court;

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8.3 The authorities will release the applicants only if they are 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.

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Page 4 of 5

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R/CR.MA/7461/2020 ORDER

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8.4 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.

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8.5 At the trial, the trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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8.6 Rule is made absolute to the aforesaid extent.

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(PARESH UPADHYAY, J)

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BEENA SHAH/SHRIJIT/18

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Page 5 of 5

Bablu Shree Hariprasad Yadav v. State of Gujarat

Case brief

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Bablu Shree Hariprasad Yadav v. State of Gujarat

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