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CR.MA/7543/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7543 of 2008
=========================================================
BHARATBHAI
TARAJI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
the Applicant.
Mr. M.G.Nanavati, Addl. PUBLIC
PROSECUTOR for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date : 04/07/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Mr. Maulik Nanavati waives
service of notice of Rule on behalf of the respondent-State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure,1973, in connection with the offence
bearing C.R.No.I-98 of 2008 registered with Naranpura Police Station
under Sections 498-A, 306 and 114 of the Indian Penal Code and
section 31 of the Domestic Violence Act.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, role played by the applicant,
statements of witnesses, gravity of the offence, quantum of
punishment, the manner in which the applicant is involved in the
offence, as per the allegations of the prosecution, considering the
statement of witnesses, especially of neighbour Shantaben, looking
to the evidence collected by the investigating agency and also
looking to the age of the present applicant who is about 24 years,
coupled with the fact that the investigation is already over and
charge-sheet is filed and also keeping in mind the fact that there is
no antecedent of the present applicant, this application is allowed.
The applicant is ordered to be released on bail in connection with
the offence registered with Naranpura Police Station bearing
C.R.No.I-98 of 2008 on his executing a bond of Rs. 5000/- (Rs. Five
thousands only) with one surety of 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
act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) shall
mark his presence before Naranpura Police Station on every first day
of English Calendar month between 9.00 a.m. to 2.00 p.m.;
(e) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) furnish
the address of his residence 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.
4. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
5. Bail
before the lower court having jurisdiction to try the case.
6. Rule
is made absolute. Direct service permitted.
(D.N.Patel,J)
***darji
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