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CR.MA/9953/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9953 of 2010
=========================================================
ARJUN
BABUJI PRAJAPATI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
========================================================
Appearance :
MR
VK JOSHI for
Applicant(s) : 1 - 2.
MR SJ SHUKLA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 01/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicants for grant of regular
bail under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicants accused are charged with having committed offences under
Sections 364(a), 507, 511, 120(b) of Indian Penal Code for which
F.I.R. being CR No.I-128/2010 has been registered with B Division
Police Station, Gandhidham, District: Kachchh.
3. Learned
Advocate Mr. Joshi submitted that the applicants are falsely
implicated in the offence and they were serving at Rajasthan and
applicants have not committed the offence of kidnap. Therefore the
application may be allowed.
4. Learned
A.P.P. has referred to the police papers and submitted that
applicants were hired by the main accused for kidnapping with other
accused. However, the incident had not taken place. He, therefore,
submitted that considering the role, the present application may not
be entertained.
5. Having
heard the learned Advocate for the applicants and learned A.P.P. and
having regard to the nature of offence, the role attributed and
considering the fact that main accused is Deepak who had sought to
hire the present applicants for achieving the purpose, the present
application deserves to be allowed subject
to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-128/2010 which has been registered with B Division Police
Station, Gandhidham, District: Kachchh, on their executing a bond of
Rs.5,000/- (Rupees Five Thousand) each with one solvent surety of
the like amount to the satisfaction of the lower Court and subject
to the conditions that they shall:
(a) not
take undue advantage of their liberty or abuse their 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 the investigating officers.
(e) mark
their 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 their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their 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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