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CR.MA/15004/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15004 of 2010
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VIRENDRAPRATAP
RAMASHANKARSINH RAJPUT @ PAPPUSINH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
BALRAM D JAIN for Applicant(s) : 1 - 2.
MRS KRINA P CALLA APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/12/2010
ORAL
ORDER
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
M Case No. 1/2009 with Pandesara Police Station, Surat district for
the offences punishable under Sections 465, 467, 468, 471, 323, 504,
506(2), 120-B etc. of the Indian Penal Code.
Learned
counsel for the applicants submits that for the alleged incident,
which took before 25 years, complaint is filed. It is further
submitted that the applicants herein are permanent residents and
will be available for investigation and not likely to flee from the
course of justice. Learned counsel further submits that considering
the overall facts and circumstances of the case, the applicants
deserve to be granted anticipatory bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the evidence
in detail, at this stage, I am inclined to grant anticipatory bail
to the applicants.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicants herein being arrested pursuant to M Case No.
1/2009 with Pandesara Police Station, Surat district, the
applicants shall be released on bail on furnishing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of like
amount on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 02.01.2011 at
11.00 a.m.;
shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them for disclosing such facts to the Court or to any
Police Officer;
at
the time of execution of bond, furnish the address to the
Investigating Officer and the court concerned and shall not change
the residence till the final disposal of the case of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
it
would be open to the Investigating Officer to file application/s for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
this
order will be operative if the applicants are arrested at any time
within a period of 90 days;
within
a period of ten days from the date of arrest, the applicant shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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