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CR.MA/9836/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9836 of 2010
=========================================
DESAI
RAJUBHAI RAMABHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
SI NANAVATI FOR MS ANUJA S NANAVATI for Applicant(s) : 1,
MR HH
PARIKH ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) : 1,
MR
HRIDAY BUCH FOR MR SIDDHARTH H DAVE for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/09/2010
ORAL
ORDER
In the facts
and circumstances of the case and by consent of both the sides, this
application is taken up for hearing today.
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No.I – 124 of 2010 registered with Patan City Police Station,
for the offences punishable under Sections 365, 366, 511, 507, 509
and 506(2) of the Indian Penal Code.
Learned senior
advocate Mr. Sudhir Nanavati, appearing for the applicant submitted
that the the applicant is falsely implicated in the offence and as
the father of the complainant is not ready for the marriage of
applicant and the complainant. The applicant was in love with the
complainant for last 7 years. He further submitted that the applicant
is an innocent person and therefore, he is required to be enlarged
on bail. It is love affairs of the applicant and prosecutrix. The
applicant and prosecutrix are the students and staying at Patan. Even
the statement of driver of rickshaw has not been recorded. Therefore,
the applicant may be granted bail.
Learned APP
Mr. Parikh appearing on behalf of the respondent – State
submitted that the applicant is involved in the serious offence and,
therefore, considering the seriousness of offence, he is not entitled
to grant regular bail. Therefore, the application of the applicant
may be rejected.
Learned
advocate Mr. Buch appearing on behalf of the complainant submitted
that the applicant is not required to be granted bail. He has
produced affidavit-in-reply of the complainant, which is taken on
record. The applicant is involved in the serious offence and he has
deep political root in the society. Therefore, he may not be enlarged
on bail. Mr. Buch, learned advocate lastly submitted that if the
applicant is released on bail, then also, some stringent conditions
may be imposed upon the applicant while releasing him on bail.
Parties do not
press for further reasoned order.
I have also
perused the averments made in the application as well as the FIR
produced on the record. It is a case of only love affairs and there
is no any direct evidence prima facie against the applicant.
Considering the above, I am of the view that the applicant is
required to be enlarged on regular bail at this stage, without
discussing the evidence in detail.
In the facts
and circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with CR
No.I – 124 of 2010 registered at Patan City Police Station, 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:
[a] not take
undue advantage of his liberty or abuse his liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] surrender
his passport, if any, to the lower Court within a week;
[d] not leave
the State of Gujarat without the prior permission of the Sessions
court concerned;
[e] not contact
the prosecutrix till the trial is over;
[f] furnish the
present address of his residence to the I.O. and also to the Court at
the time of execution of the bond and shall not change his residence
without prior permission of this Court;
[g] maintain
law and order.
If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or to take appropriate action
in the matter.
Bail bond to
be executed before the lower Court having jurisdiction to try the
case.
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.
Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,
J.)
ynvyas
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