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CR.MA/155/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 155 of 2010
=========================================================
BHUPENDRAKUMAR
BABULAL PUROHIT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YN OZA, SR. ADV. WITH MR PINAKIN M RAVAL
for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 29/01/2010
ORAL
ORDER
Learned
advocate for the petitioner submitted that the petitioner is arrested
in December 2009 for a complaint lodged on 16.1.03. At one stage,
even ‘C’ summary was filed by the police. However, investigation was
thereafter handed over to higher authorities and only on certain
further statements of witnesses, the petitioner is sought to be
proceeded against.
2. In
addition to the above prima facie aspects of the matter, I also find
that there are no criminal antecedents of the petitioner. He is a
Government employee. There is nothing on record to suggest that he
will not be available for trial if released on bail. Considering
all these aspects of the matter, the petitioner is ordered to be
released on bail in connection with
M.Case No.1 of 2003 of Himatnagar Town Police Station on furnishing
bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one
surety of the like amount to the satisfaction of the lower Court and
on 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] mark
his 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 .
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge 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;
[g] surrender
his passport, if any, to the Lower Court immediately.
3. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
4. Bail
before the Lower Court having jurisdiction to try the case.
5. Rule
is made absolute.
Direct
service is permitted.
(Akil
Kureshi, J.)
(vjn)
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