Allowed

Nitinbhai Pithabhai Shreemali v. State of Gujarat

Gujarat HC24 Aug 2022CR.MA/12557/2022

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a bail application filed under Section 439 CrPC. The applicant, detained since April 2021 for offences including 306 IPC and 498A IPC, was ordered released on bail subject to a personal bond of Rs. 10,000 and specific conditions like monthly police reporting.

What did the court decide?

The applicant was released on regular bail upon execution of a personal bond of Rs. 10,000 with one surety, subject to conditions including monthly police reporting and surrendering passport.

Nitinbhai Pithabhai Shreemali Vs State of Gujarat — Dowry and Cruelty | Gujarat HC (2022)

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R/CR.MA/12557/2022 ORDER DATED: 24/08/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 12557 of 2022

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NITINBHAI PITHABHAI SHREEMALI

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Versus

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STATE OF GUJARAT

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================================================================ Appearance:

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MR JAIMIN D PANDYA(10040) for the Applicant(s) No. 1 S M KIKANI(7596) for the Applicant(s) No. 1 MR. HARDIK SONI, APP, for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 24/08/2022 ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.11185005210199 of 2021 registered with Mithapur Police Station, Devbhumi Dwarka for offence under Sections 306 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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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.

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

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Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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Page 1 of 4

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R/CR.MA/12557/2022 ORDER DATED: 24/08/2022

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I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

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I. The FIR is registered on 05.04.2021 for the offence which is alleged to have taken place between 07.12.2020 to 29.03.2021.

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II. The applicant is in jail since 07.04.2021.

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III. The investigation is concluded and chargesheet is filed.

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IV. Submission of learned advocate for the application that the allegations are general in nature and though the specific allegation of demand of dowry is made, but the witnesses are not supporting such case, except for the relatives.

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V. Learned advocate has drawn attention of this Court to the statements of independent witnesses, the neigbhours where the incident took place at the matrimonial home and have not reported of any quarrel or fight between the deceased and the applicant.

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VI. Considering the age of the applicant and as per learned advocate for the applicant, no antecedents are reported against the applicant.

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VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie , this Court is of the opinion that this is a fit case to

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Page 2 of 4

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R/CR.MA/12557/2022 ORDER DATED: 24/08/2022

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exercise the discretion and enlarge the applicant on regular bail.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.11185005210199 of 2021 registered with Mithapur Police Station, Devbhumi Dwarka , 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 he 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

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(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

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(e) mark presence before the concerned Police Station once in a 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 Trial Court;

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Page 3 of 4

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R/CR.MA/12557/2022 ORDER DATED: 24/08/2022

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The authorities will release the applicant only if he 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.

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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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At the trial, the 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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Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(A.Y. KOGJE, J)

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SIDDHARTH

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Page 4 of 4

Nitinbhai Pithabhai Shreemali v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Nitinbhai Pithabhai Shreemali v. State of Gujarat

Case brief

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