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CR.MA/14346/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14346 of 2010
=================================================
UMANG
MULJIBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
RJ GOSWAMI for Applicant(s) : 1,
MR LR PUJARI APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/12/2010
ORAL
ORDER
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 782/2010 with Satellite Police Station for the offences
punishable under Sections 376, 452, 232, 506(3), 294(b) etc. of the
Indian Penal Code.
Learned
counsel for the applicant submits that the victim herself clearly
admits love affairs with the applicant since last one and half
years. Learned counsel further submits that considering the nature
of allegations, version of the complainant herself, love affairs
between the victim and the applicant, the applicant deserves to be
granted anticipatory bail.
Heard
Learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and considering the nature of allegations and role attributed
to the applicant, without discussing the evidence, at this stage, I
am inclined to grant anticipatory bail to the applicant.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being
CR No.I 782/2010 registered with Satellite Police Station, the
applicant shall be released on bail on furnishing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of like
amount on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 10.12.2010 at
11.00 a.m.;
shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them for disclosing such facts to the Court or to any
Police Officer;
at
the time of execution of bond, furnish the address to the
Investigating Officer and the court concerned and shall not change
the residence till the final disposal of the case of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
it
would be open to the Investigating Officer to file an application
for remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
within
a period of ten days from the date of arrest, the applicant shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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