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CR.MA/11328/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11328 of 2010
=========================================================
ALPESH
@ BHIKHABHAI BHIMJIBHAI VAGADIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BHAVIN S RAIYANI for
Applicant(s) : 1,
Ms MANISHA LAVKUMAR SHAH, APP, for Respondent(s)
: 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/10/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail under sec. 439 of the Code of Criminal Procedure.
2. The
applicant-accused is charged with having committed offences under
sections 306, 304B, 498A and 114 of IPC for which FIR, being C.R. No.
I-59/2010, has been registered with Lodhika Police Station.
3. Learned
advocate Mr. Raiyani referred to the papers and the allegations in
the FIR and submitted that sec. 306 would not be attracted. He
submitted that the allegations are of a general nature and therefore
the present application may be allowed.
4. Learned
APP Ms. Shah resisted the application.
5. Having
heard learned advocate Mr. Raiyani and learned APP Ms. Shah and
having considered the nature of offence, the manner in which it is
alleged to have been committed, the role attributed, the present
application deserves to be allowed.
6. The
application is accordingly allowed. The applicant is ordered to be
released on bail in connection with C.R. No. I-59/2010,
registered with Lodhika Police Station, on his
executing a personal bond of Rs. 5,000/- (Rupees Five Thousand only)
with one solvent surety for the like amount to the satisfaction of
the lower court and subject to the further conditions that he shall :
(a) not
take undue advantage of his liberty or abuse his 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 interests of the prosecution.
(d) maintain
law and order and should co-operate with the investigating officers;
(e) mark
his presence before the concerned Police Station on the first Monday
of every calendar month between 11.00 am to 2.00 pm till the charge
sheet is filed.
(f) furnish
the address of his residence to the investigating officer and also to
the court at the time of execution of the bond and shall not change
his residence without prior permission of the court.
(g) surrender
his 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.
Rule is
made absolute. D.S. permitted.
(Rajesh
H. Shukla, J.)
(hn)
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