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CR.MA/12797/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12797 of 2006
=========================================================
AGABHAI
(RAISING) BHAVLABHAI ALIAS BHAUSING PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM DAVE for
Applicant(s) : 1,
MS M.S.PANCHAL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 28/12/2006
ORAL
ORDER
The
present application has been preferred under Section 439 of the Code
of Criminal Procedure, 1973 for bail in connection with the offence
registered with Garbada Police Station, Dist : Panchmahals being
C.R. No. I 45 of 2006 for the offences punishable under Sections
363, 366, 342, 376 read with Section 114 of the Indian Penal Code.
Having
heard the learned counsel appearing for both the sides and looking
to the fact that the applicant is of a tender age of 20 years and
as per the submission of the learned counsel for the applicant, the
applicant has solemnized the marriage with the prosecutrix and
looking to the settlement dated 21st April, 2006 arrived
at between the parties which is submitted along with the charge
sheet, coupled with the fact that the investigation is over,
charge sheet is filed and there are no antecedents of the applicant,
the application is allowed.
The
applicant is ordered to be released on bail in connection
with Crime Register No. I 45 of 2006 of Garbada Police Station,
Dist : Panchmahals on his 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
he shall,
(a) not
take undue advantage of his liberty or abuse his liberty;
(b) not
act in a manner injurious to the interest of the
prosecution;
(c) maintain
law and order ;
(d)
mark his presence before Garbada Police Station, Dist Panchmahal
on every first day of the English Calendar month between 9-00
a.m. to 2-00 p.m.;
(e) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned ;
(f) furnish the
address of his residence 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 lower Court within a week ;
If
breach of any of the above conditions committed, the Sessions
Judge concerned will be free to issue warrant or take
appropriate action in the matter.
Bail
bonds to be executed before the lower Court having jurisdiction to
try the case.
Rule
is made absolute to the aforesaid extent.
(
D.N.PATEL, J. )
*mithabhai
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