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CR.MA/10025/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10025 of 2011
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AMRUTBHAI
CHATURBHAI RATEJA @ CHU.KODI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
R
NITIN T GANDHI for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/07/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
counsel appearing for the applicant submitted that investigation
is over and charge sheet is filed. It is further submitted
that considering the marriage certificate, medico legal history and
statement of the victim before the doctor, 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 the marriage certificate,
medico legal history, statement of the victim before the doctor and
other attending circumstances, coupled with the fact that
charge sheet is filed, 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-21/2011 of Chuda Police Station,
Dist. Surendranagar for the offences punishable under sections 363,
366, 376, 114 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 for three months;
[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.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
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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