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CR.MA/2459/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2459 of 2011
=============================================
VAGHABHAI
VALABHAI KEVER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR MEHUL M MEHTA for
Applicant(s) : 1,
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011
ORAL
ORDER
Rule.
Learned APP, waives service of rule on behalf of respondent –
State.
Learned
advocate for the applicant submits that considering the nature of
injuries, role attributed to the applicant and punishment prescribed
and that considering the dying declaration of the deceased girl
recorded by the Magistrate and that fact that the other co-accused is
already enlarged on bail by this Court and charge-sheet is filed,
this application for bail may kindly be considered.
Considering
the above prima facie aspects of the matter, I find this is a fit
case for granting bail since charge-sheet is filed. Under the
circumstances, the applicant is ordered to be released on bail in
connection with C.R. No.I-140 of 2010 registered with Bhachau Police
Station for the offences punishable under Section 498A, 306, 114 of
IPC and under Sections 3 and 4 of Dowry Prohibition Act, on his
furnishing bond of Rs. 5000/-(Rupees Five Thousand) with one surety
of like amount to the satisfaction of the lower Court and subject to
following conditions :
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 Bhachau Police Station, on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
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.
[ANANT
S. DAVE, J .]
//smita//
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