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CR.MA/11517/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11517 of 2011
=============================================
KAMALESHJI
SHANKARJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR DEVDIP BRAHMBHATT for
Applicant(s) : 1,
MS MANISHA L SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/08/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-109 of 2011 with Visnagar police station, District: Mehsana,
for the offences punishable under Sections 363, 366, 376 of the
Indian Penal Code.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that considering the statement of
the victim, medico-legal opinion, prima facie would reveal volition
on her part and further her school leaving certificate reveal that
she is around 16 years and there is delay of around one month in
filing of FIR. Even charge-sheet is also filed and considering the
nature of allegations the applicant may be granted bail.
In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicant, without
discussing the evidence in detail, prima facie, this Court is of the
opinion that this is a fit case to exercise the discretion to enlarge
the applicant on bail.
Hence,
the application is allowed and the applicant is ordered to be
released on bail in connection with first information report
registered at C.R.No.I-109 of 2011 with Visnagar police station,
District: Mehsana, on their executing a bond of Rs.5,000/- (Rupees
five thousand only) with one surety of the like amount to the
satisfaction of the trial court and subject to the conditions that
they shall
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. and 3 p.m till commencement of the
trial.
furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicant only if they are not required
in connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter. Bail bond to be executed before the lower court having
jurisdiction to try the case. At the trial, the trial court shall not
be influenced by the observations of preliminary nature, qua the
evidence at this stage, made by this Court while enlarging the
applicant on bail. Rule is made absolute to the aforesaid extent.
D.S. Permitted.
(Anant
S. Dave, J.)
//SMITA//
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