Gujarat High Court Case Information System
Print
CR.MA/1466/2009 7/ 7 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1466 of 2009
=========================================================
NIRAV
VINODBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DR BHATT for
Applicant MR RAVISH D BHATT for Applicant
MR LB DABHI, ADDL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 19/03/2009
ORAL
ORDER
Rule.
Mr.L.B.Dabhi, learned Additional Public Prosecutor, waives service
of notice of Rule on behalf of the respondent-State of Gujarat.
This
application under Section 439 of the Code of Criminal Procedure, has
been filed by the applicant with a prayer to enlarge him on bail in
connection with FIR, being C.R.No.I-427/2008 registered with Ramol
Police Station, for offences punishable under Sections 363, 366,
376, 465, and 471, of the Indian Penal Code.
The
allegation against the applicant is that he has taken away the
daughter of the complainant and has thereby committed the
above-mentioned offences.
Mr.D.R.Bhatt,
learned counsel for the applicant, has submitted that the applicant
is innocent and has been falsely implicated. That the applicant and
the daughter of the complainant were very well-known to each other
and were wanting to get married and the daughter of the complainant
has voluntarily left the house as she did not want to get engaged to
the boy whom her parents wanted her to marry. That the School
Leaving Certificate of the daughter of the complainant shows that
her date of birth is 22.08.1990 and, therefore, she was a major at
the time of the commission of the alleged offences. That the
applicant and the daughter of the complainant had got married on
22.09.2008 whereas the date of offfence, as shown in the FIR is
14.10.2008 and the FIR has been registered on 27.10.2008. That the
marriage was not liked by the complainant and his family and,
therefore, the complaint has been filed and the applicant has been
falsely roped-in.
On
the other hand, Mr.L.B.Dabhi, learned Additional Public Prosecutor,
has opposed the grant of bail to the applicant.
I have heard the learned
counsel for the respective parties, perused the averments made in
the application, contents of the FIR and other documents on record.
It
appears from from a perusal of the material on record that there is
a School Leaving Certificate which shows that th date of birth of
the complainant’s daughter is 22.09.1990. It further transpires that
the daughter of the complainant and the applicant had secretly got
married and, prima-facie, this appears to be the reason why the
daughter of the complainant left the house with the applicant as the
complainant was wanting to get her engaged to another person. In the
above facts and circumstances and looking to th manner in which the
offence is alleged to have been committed, the nature and gravity of
the offence and the aspect that it does not appear that the
applicant is involved in the commission of the offence, in the
manner alleged, the application deserves to be allowed. It is,
accordingly, allowed.
The
applicant is ordered to be released on bail, in connection with FIR,
being C.R.No.I-427/2008 registered with Ramol Police Station, on his
executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only)
with one solvent 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 in any manner;
(b) not act in a manner injurious to the interest of the prosecution and not tamper with the evidence or intimidate the witnesses;
(c) maintain law and order and cooperate the investigating officers;
(d) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.
(e) mark his presence before the Investigating Officer of the concerned police station on 15th and 30th day of every month of the English calendar year, any time between 10.00 A.M. to 5.00 P.M. till the commencement of trial;
(f) 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 this Court;
(g) surrender his Passport, if any, to the trial Court within a week;
In
case breach of any of the above conditions is committed, the
concerned Sessions Judge will be free to issue warrants or take
appropriate action in the matter.
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.
It
is made clear that no observation made by this Court be construed
as having any bearing on the merits of the case, at the time of
trial. The trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observation contained in this
order.
Rule
is made absolute. Direct service is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
Top