Gujarat High Court Case Information System
Print
CR.MA/14732/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14732 of 2011
=========================================================
AJITBHAI
BILALBHAI @BHIKHABHAI MORI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HR PRAJAPATI for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 19/10/2011
ORAL
ORDER
The
applicant has filed this application for regular bail, under
Section 439 of the Code of Criminal Procedure, in connection with
the offence being CR No. I – 35 of 2011 registered with Talala
Police Station, Talala, District Junagadh, for the offence u/ss.
363, 366 and 376 of I.P. Code.
Heard
learned Advocate for the applicant and learned APP for the
respondent. Learned Advocate, appearing for the applicant has
contended that there is not an iota of evidence against the present
applicant. He has contended that the applicant and the victim were
in love with each other and the applicant has not kidnapped the
victim and has not committed any rape. He has also contended that
now the charge-sheet is filed and looking to the facts of the case
the applicant may be released on bail by imposing suitable
conditions. Learned APP has vehemently opposed this application.
Having
heard the learned Advocate for the parties and looking to the facts
of the case and the fact that now the charge-sheet is filed and,
therefore, without entering into the merits of the case, I am
inclined to grant this application. Both the parties do not press
for reasoned order.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 35 of 2011
registered Talala Police Station, Talala, Dist. Junagadh for the
offence alleged against him in this application on his executing a
Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent
surety of the like amount to the satisfaction of the trial 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 pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without the prior permission of the
concerned Sessions Judge.
f) not
to enter the area of Talala Taluka and he shall mark his presence at
Junagadh Police Station on 1st day of every English
calender month till the trial against him is completed.
g) furnish
the address of his residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change the residence
without prior permission of this Court;
h) surrender
his passport, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
Top