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CR.MA/10473/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10473 of 2010
=========================================================
SACHIN
@ GOTIA ATMARAM PATIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
KUNAL S SHAH for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences
punishable under Sections 363, 366, 376, 504, 506(2) and 114 of the
Indian Penal Code for which F.I.R. being CR No.I-78/2010 has been
registered with Limbayat Police Station, Surat.
3. Learned
Advocate Mr. K.S.Shah submitted that it is a case of an affair where
the victim had voluntarily accompanied. He further submitted that the
age of the victim is 19 years and therefore as recorded in the
impugned order of the Sessions Court, the bail may be granted. He
submitted that because of his young age the applicant tried to escape
from the hospital which was considered for rejection of the bail.
Therefore, considering this aspect subject to any condition, present
application may be allowed.
4. Learned
APP Mr. Shivang G. Shukla resisted the application and submitted that
the applicant has tried to escape from the hospital.
5. Having
heard the learned Advocate Mr. Shah for the applicant as well as
learned APP and having considered the nature of offence, the manner
in which it is alleged to have been committed, role attributed and
considering the statement of the victim and other evidence, this
Court is of the opinion that the present application
deserves to be allowed subject to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-78/2010 has been registered with Limbayat Police Station,
Surat, on his executing a bond of Rs.5,000/- (Rupees Five Thousand)
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
to 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 with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(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 the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
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.)
jani
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