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CR.MA/4161/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4161 of
2011
=========================================================
HITESHKUMAR
KANTIBHAI PRAJAPATI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YJ PATEL for
Applicant(s) : 1 - 2.
MR LB DABHI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 15/04/2011
ORAL ORDER
1. Counsel
for the petitioners submitted that the investigation is over and
charge-sheet is filed. The petitioners have no criminal antecedents.
Counsel further submitted that the petitioners are not the main
accused and even as per the prosecution case, offences under Sections
363, 366, 376, 34, 504, 506(2) of the IPC were committed by
the principal accused and not the present petitioners.
2. Considering
the above prima facie aspects of the matter, nature of allegations,
FIR and the alleged involvement of the petitioners, the petitioners
are ordered to be released on bail in connection with CR No. I-0055
of 2010 registered with Vadali Police Station, District Sabarkantha
on their furnishing bond of Rs.10,000/- (Rupees ten thousand only)
each with one surety of like amount to the satisfaction of the lower
Court and subject to following conditions :
(i) not take undue
advantage of their liberty or abuse their liberty;
(ii) not act in a manner
injurious to the interest of the prosecution;
(iii) maintain law and
order;
(iv) mark their presence
before Vadali Police Station on every 1st and 15th
day of English Calendar month between 11:00 am to 02:00 pm:
(v) not leave the State
of Gujarat without prior permission of the Sessions Judge concerned;
(vi) furnish the address
of their residence at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
(vii) surrender their
passport, if any, to the Lower Court immediately.
3. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
4. Bail
before the Lower Court having jurisdiction to try the case.
5. Rule
is made absolute. The application is disposed of accordingly. Direct
service is permitted.
[Akil
Kureshi, J.]
mrp
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