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CR.MA/15551/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15551 of 2011
=========================================
BHAGWANDAS
@ BHERU LALCHAND TEKWANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
HR PRAJAPATI for
Applicant(s) : 1,
MS CM SHAH, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 14/11/2011
ORAL
ORDER
By
way of present application, filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicant has prayed to release him on
regular bail in connection with CR No.I-165 of 2010 registered with
Dabhoda Police Station for the offence punishable under Sections
66(1)(b), 65(a)(e) and 81 of the Bombay Prohibition Act.
Heard
Mr.H.R. Prajapati, learned counsel for the applicant and Ms.C.M.
Shah, learned Additional Public Prosecutor for respondent-State.
Mr.Prajapati,
learned counsel for the applicant, has contended that the applicant
has been falsely implicated with the alleged offence. It is further
contended by Mr.Prajapati that applicant’s name has not been
mentioned in the FIR and nothing has been recovered from the
possession of the applicant. Merely on the basis of statement of
co-accused, the applicant has been implicated in the case. He has
further contended that the co-accused have already been released on
bail. He, therefore, contended that looking to the facts of the case
and overall circumstances, applicant may kindly be released on bail.
Ms.C.M.
Shah, learned Additional Public Prosecutor, has vehemently opposed
the present application.
In
the facts and circumstances of the case and considering the nature
of allegations and role attributed to the applicant and now the
charge-sheet is filed, prima facie, this Court is of the opinion
that this is a fit case to exercise the discretion to enlarge the
applicant on bail.
Hence,
the applicant is ordered to be released on bail in connection with
CR No.I-165 of 2010 registered with Dabhoda Police Station 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 Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
f) mark
his presence before the Investigating Officer on every 15th
day of each English calendar month between 09.00 hours and 14.00
hours;
g) 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
the residence without prior permission of this Court;
h) surrender
his passport, if any, to the lower Court within a week.
If
the breach of any of the above conditions is committed, the
concerned Court 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 is permitted.
(Z.
K. Saiyed, J)
Anup
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