Allowed

Nilofarben W/O Raiskhan Pathan v. State of Gujarat

Gujarat HC19 Feb 2021CR.MA/1206/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a criminal miscellaneous application filed for regular bail. The applicant faced charges under sections of IPC related to murder. The Court exercised its discretion to release the applicant on regular bail without adjudicating on the merits, citing the release of a co-accused. Bail was granted on a personal bond with standard conditions regarding passport, residen

What did the court decide?

Released on regular bail on a personal bond of Rs. 10,000 with one surety, subject to conditions regarding passport, residence, and movement within the State.

Nilofarben W/O Raiskhan Pathan Vs State of… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/1206/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1206 of 2021

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NILOFARBEN W/O RAISKHAN PATHAN

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Versus STATE OF GUJARAT

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Appearance:

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MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP for the respondent-State

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CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

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Date : 19/02/2021 ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11821005200425 of 2020 registered with Devgadh Bariya Police Station, Dahod for the offences under Sections 302, 201 and 114 the Indian Penal Code.

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Heard M.M. Bhaumik Dholariya, learned advocate for the applicant and Ms. Moxa Thakkar learned APP for the respondent State.

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Mr. Dholaria, learned advocate for the applicant submits that the investigation is over and chargesheet is filed. He further submits that the applicant was not present when the blow was inflicted on the victim. He further submits that at the most looking to the allegations in the FIR, it can be said that the applicant committed offence under Section 201 read with Section 114 of the IPC. He further submits that the lady co-

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Page 1 of 4

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R/CR.MA/1206/2021 ORDER

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accused having similar role is released on regular bail by the Coordinate Bench of this Court. He further submits that the applicant is also lady and role attributed to her is similar to role attributed to the lady co-accused, who is released on regular bail by the Coordinate Bench of this Court. He, therefore, submits that looking to the nature of allegation and evidence, the applicant may be enlarged on regular bail on appropriate conditions.

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Ms.Moxa Thakkar, learned APP for the respondent has opposed this application. She submits that in view of the order passed in respect of lady co-accused, the Court may pass appropriate order. However, she submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.

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In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR and having considered the role attributed to the applicant and the role attributed to co-accused lady, who is released on bail, I am of the opinion that without expressing any opinion on merits and arguments canvassed by the learned advocates on either side, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.11821005200425 of 2020 registered with Devgadh Bariya Police Station, Dahod 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 learned Trial Court and subject to the conditions that the

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Page 2 of 4

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R/CR.MA/1206/2021 ORDER

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applicant 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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[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] furnish latest and permanent 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;

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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 learned 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, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

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Page 3 of 4

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R/CR.MA/1206/2021 ORDER

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Rule is made absolute to the aforesaid extent. Registry is directed to send the copy of the order through email or Fax to the concerned trial Court.

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(A.G.URAIZEE, J)

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ALI

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Nilofarben W/O Raiskhan Pathan v. State of Gujarat

Case brief

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Nilofarben W/O Raiskhan Pathan v. State of Gujarat

Case brief

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