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CR.MA/5021/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5021 of 2011
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BHAGIRATHSINH
BHUPENDRASINH GOHIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
DIPEN K DAVE for Applicant(s) : 1,MR LAXMANSINH M ZALA for
Applicant(s) : 1,
MR JK SHAH APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/04/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submits that the version of the
victim recorded on 22.03.2011 reveals that she had love affairs with
the applicant, travelled and stayed together with the applicant for
many days. It is further submitted that considering the medical
report, other attending circumstances etc., the the
applicant may be enlarged on bail by imposing suitable conditions.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, statement of the victim and other attending
circumstances, without discussing the evidence in detail, at this
stage, I am inclined to enlarge the applicant on bail in connection
with C.R.No.I-47/2011 of Surendranagar Police Station for the
offences punishable under sections 363, 366, 376 of the Indian Penal
Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only)
with one surety of the like amount to the satisfaction of the lower
Court and on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
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. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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