Home > 498A Judgements > Heavy misuse of 498A and DV Act….Wife states in Dying declaration that she suffered inuries while cooking but husband arrested on a 15 days delayed FIR…Though granted Bail

Heavy misuse of 498A and DV Act….Wife states in Dying declaration that she suffered inuries while cooking but husband arrested on a 15 days delayed FIR…Though granted Bail

Pravinbhai vs State on 21 September, 2011
Author: Abhilasha Kumari,

Gujarat High Court Case Information System 

CR.MA/186020/2009 6/ 6 ORDER

 IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

CRIMINAL

MISC.APPLICATION No. 1860 of 2009

=========================================================

 

PRAVINBHAI

RAMANBHAI DEVIPUJAK – Applicant(s)

Versus

 

STATE

OF GUJARAT – Respondent(s)

========================================================= Appearance

:

MR

CB DASTOOR for

Applicant(s) : 1,

MR LB DABHI ADDL. PUBLIC PROSECUTOR for Respondent(s) :

1,

=========================================================

 

CORAM

:

 

HON’BLE

SMT. JUSTICE ABHILASHA KUMARI

 

Date

: 25/03/2009

 

ORAL

ORDER

 

 

 

1. Rule.

Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State of Gujarat.

 

 

 

2. This

application has been filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail in connection with FIR, being C.R. No. I-62 of 2008, registered at Koth Police Station, Taluka : Dholka, District : Ahmedabad, for offences punishable under Sections 498(A), 307 and 114 of the Indian Penal Code, Sections 3 and 7 of the Dowry Prohibition Act and Sections 5, 6 and 7 of the Domestic Violence Act.

3. The

allegation contained in the FIR is that the applicant, along with other co-accused persons, is involved in the commission of the above-mentioned offences.

4. Mr.

C.B. Dastoor, learned Advocate for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the commission of the alleged offence. That, the daughter of the complainant sustained injuries accidentally, while she was preparing food at night and this has been stated by her, in her Dying Declaration. That, the applicant and his parents themselves, took the daughter of the complainant to the hospital, to provide medical treatment to her. That, the FIR is filed after a period of about 15 days, with some ulterior motive. Even otherwise, the daughter of the complainant has been discharged from the hospital, long back. That, there is no likelihood that the applicant may abscond, tamper with the evidence or pressurize the witnesses and, therefore, the application for bail may be favorably considered.

5. Mr.

L.B. Dabhi, learned APP on behalf of the respondent-State has strongly opposed the grant of bail to the applicant.

6. I

have considered the submissions made by the learned Counsel for the respective parties, and perused the contents of the FIR as well as other material on record. It appears from the narration in the FIR that the allegations levelled against the applicant are of a vague and general nature. It further transpires from the material on record that the daughter of the complainant has herself stated, in her Dying Declaration, that she has received injuries accidentally, while cooking. Considering the totality of the facts and circumstances of the case, as emerging from the material on record, the manner in which the offence is alleged to have taken place and the nature and gravity of the offence, the application deserves to be allowed.

 

7. For

the reasons stated above, the application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. I-62 of 2008 registered with Koth Police Station, Taluka : Dholka, District : Ahmedabad, on his executing a personal bond to the tune of Rs.10,000/- (Rupees Ten Thousand Only), with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant:

 

a) shall

not take undue advantage of his liberty or abuse his liberty in any manner;

 

b) shall

not act in a manner injurious to the interest of the prosecution or tamper with evidence or intimidate witnesses;

c)

shall maintain law and order and shall cooperate fully with the investigating officers and shall make himself available for investigation, as and whenever directed;

 

d) shall

mark his presence before the Investigating Officer of the concerned Police Station on the 15th and 30th day of every English calendar month, between 10:00 am to 5:00 pm, till the commencement of trial;

e) shall

not leave the local limits of the State of Gujarat without the prior permission of the concerned Sessions Judge;

f) shall

furnish his residential address to the Investigating Officer and also to the court at the time of execution of the bond and shall not change his residential address without prior permission of this Court;

 

g) shall

surrender his Passport, if any, to the lower Court within a week.

 

8. If

the applicant commits breach of any of the above conditions, the concerned Sessions Judge will be free to issue warrants or take appropriate action in the matter.

9. It

is made clear that no observations made by this Court be construed as having any bearing on the merits of the case, at the time of the trial. The trial Court will proceed in accordance with law, unaffected and uninfluenced by any observations contained in this order.

 

10. 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.

 

11. Rule

is made absolute. Direct Service is permitted.

 

 

(SMT.

ABHILASHA KUMARI, J.)

Umesh/

 

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