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CR.MA/10754/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10754 of 2010
=========================================
YOGESH
ARVINDBHAI MISTRY & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ABHIRAJ
R TRIVEDI for
Applicant(s) : 1 - 2.
Ms. MINI NAIR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 08/10/2010
ORAL
ORDER
1. The present
application has been filed by the applicants for grant of regular
bail under sec. 439 of the Code of Criminal Procedure after the
charge sheet is filed.
2. The
applicants-accused are charged with having committed offences under
sections 363, 366, 376 and 114 of IPC for which FIR, being C.R. No.
I-7/2010, has been registered with Waghodia Police Station.
3. Learned advocate Mr.
Trivedi referred to the papers and submitted that he has been
falsely implicated and he has also referred to the statement of the
mother which has been notarized and submitted that the present
application may be allowed.
4. Learned APP Ms. Nair
resisted the application. She also referred to the statement of the
mother as well as the statement the Notary.
5. In view of rival
submissions, it is required to be considered whether the present
application can be entertained or not.
6. It is well accepted
that the court is not required to appreciate and scrutinize the
evidence in detail at this stage. However, for considering the prima
facie case relevant aspects like the
nature of offence, the manner in which it is alleged to have been
committed, the role attributed, the age of the victim, medical
evidence etc. are required to be considered. The aspect of consent
could be decided with reference to the age of the victim on the basis
of evidence at the trial. Therefore, without further elaboration,
having considered the papers including the statement of the mother
and of the Notary, the present application deserves to be allowed.
7. The application is
accordingly allowed. The applicants are ordered to be released on
bail in connection with C.R. No. I-7/2010 registered with Waghodia
Police Station, on their executing a personal bond of Rs. 5,000/-
(Rupees Five Thousand only) each with one solvent surety for the like
amount to the satisfaction of the lower court and subject to the
further conditions that they shall :
(a) not take undue
advantage of his liberty or abuse their liberty.
(b) not to try to tamper
or pressurize the prosecution witnesses or complainant in any manner;
(c ) not act in any
manner injurious to the interests of the prosecution.
(d) maintain law and
order and should co-operate with the investigating officers;
(e) mark their presence
before the concerned Police Station on the first Monday of every
calendar month between 11.00 am to 2.00 pm till the trial commences.
(f) furnish the address
of their residence to the investigating officer and also to the court
at the time of execution of the bond and shall not change their
residence without prior permission of the court.
(g) surrender their
passport, if any, to the lower court, within a week.
8. If breach of any of
the above conditions is committed, the concerned Sessions Judge will
be free to issue warrant or take appropriate action in the matter.
9. 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.
Rule is made absolute.
D.S. permitted.
(Rajesh H.
Shukla, J.)
(hn)
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