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CR.MA/6291/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6291 of 2011
=========================================================
YADAV
PRATAPBHAI NARENDRASING - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
BHUNESH C RUPERA for Applicant(s) : 1,
MR RC KODEKAR APP for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL
ORDER
Rule.
Learned APP, Mr.R.C.Kodekar, waives service of notice of rule on
behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Radhanpur Police Station, Patan vide I-C.R.No.50 of 2011 for the
offences punishable under Sections 363, 366 and 114 of IPC.
Parties
have not pressed for reasoned order.
Following
aspects are taken into consideration.
(A) There
are no direct allegations against the accused-applicant herein. It
appears that the allegations are against the brother of the
accused-applicant who eloped with the girl named Somiben whose
whereabouts are not known till this date. It appears from the papers
of the prosecution that brother of the accused-applicant is in love
with Somiben and wants to get married. The accused applicant is a 21
years old boy. No specific role is described to him much less role
of abettor.
(B) Accused
No.1 i.e. main accused is arrested and is behind the bars.
In
this view of the matter, I am persuaded to exercise my discretion in
favour of the accused-applicant. Under the circumstances,
accused-applicant is ordered to be enlarged on regular bail in
connection with offence registered with Radhanpur Police Station,
Patan being I-C.R.No.50 of 2011 on his executing a bond in the sum of
Rs.15,000/- (Rupees fifteen thousand only) with one surety of the
like amount to the satisfaction of the lower Court and subject to the
conditions that he shall:
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00 pm
till the completion of the trial;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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