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CR.MA/11499/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11499 of 2010
=========================================================
RAMAVADH
RAMPALAT YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRASHANT A DAVE with MR HL MENGHANI
for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 07/10/2010
ORAL ORDER
1. Present
application has been filed by the applicant-accused for grant of
regular bail under Section 439 of Criminal Procedure Code.
2. The
applicant accused is charged with having committed offences
punishable under Sections 379, 413, 120-B, 465, 468 and 471 of the
Indian Penal Code and Section 75 of the Sales Tax Act, for which, FIR
being I CR No.118 of 2010 has been registered with Chhani Police
Station, Baroda.
3. Learned
advocate Mr Prashant A Dave with Mr HL
Menghani for the applicant submitted that the
applicant is a driver and considering the role attributed, the
present application may be allowed.
4. Learned
APP, Ms ML Shah for the State resisted the application.
5. Having
heard learned advocate Mr Prashant A Dave
with Mr HL Menghani for the applicant and learned APP Ms ML
Shah for the State and having considered the nature of offence, role
attributed and also the fact that the other co-accused has been
released on bail as per the order passed in Criminal Misc.
Application No.10456 of 2010, the present application deserves to be
allowed.
6. Accordingly,
the present application is allowed. The applicant is ordered to be
released on regular bail in connection with I CR No.118 of 2010
registered with Chhani Police Station, Baroda, on his executing a
bond of Rs.5,000/- (Rupees five thousand only) with one solvent
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
try to tamper or pressurize the prosecution witnesses or complainant
in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till filing of the
charge-sheet.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
mrpandya
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