PARMAR PARESHJEE AMRATJEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.Niraj Soni, learned APP waives service of notice of Rule on behalf of respondentState.

(2.) THIS application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I 32 of 2013 with Vijapur Police Station, Mehsana for the offences punishable under Sections 498(A), 306 and 114 of the IPC and under Sections 3 and 7 of the Dowry Prohibition Act.

(3.) I have heard learned advocates appearing for the parties. Perused the papers of investigation produced by the learned APP. Except the statement of the complainant, a close relative of him, about demand of dowry, there is no other evidence, prima facie, to arrive at the conclusion that there was a demand of dowry. The marriage span between the applicant and the deceased is of more than seven years. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I 32 of 2013 with Vijapur Police Station, Mehsana on executing a 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;