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CR.MA/12519/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12519 of 2010
=========================================================
ANILKUMAR
RAMNARESH RAJPUT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR PP MAJMUDAR for Applicant(s)
: 1,
MR MAULIK NANAVATI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 26/10/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail under Section 439 of Criminal Procedure Code in
connection with FIR being I-C.R.No. 276 of 2010 registered with
Anand Town Police Station, District: Anand for the offence
punishable under Sections 498(a) and 306 of the Indian Penal Code.
Learned
advocate, Mr.Majmudar, referred to the papers and submitted that
allegations are of general nature and the span of marriage life
about 8 years and having 4 children to be looked after. He further
submitted that nature and circumstances indicate that the elder
sister was earlier married and thereafter, deceased had married and
initially there were no complaints. Therefore, considering the facts
and circumstances of the case, present application may be allowed.
Learned
APP resisted the application.
Having
heard the learned advocate for the applicant and learned APP and
having considered the nature of offence, manner in which it is
alleged to have been committed, role attributed and other attending
circumstances including 4 children to be looked after, present
application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR being I-C.R.No. 276
of 2010 registered with Anand Town Police Station, District: Anand
on his executing a bond of Rs.5,000/- (Rupees Five Thousand) with
one solvent surety of the like amount to the satisfaction of the
lower 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 pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every 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.
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.
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. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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