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CR.MA/11439/2005 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11439 of 2005
==============================================================
BIPINCHANDRA
KHEMABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
MA KHARADI for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 10/10/2005
ORAL
ORDER
Rule.
Ms.M.L.Shah, learned APP waives service for State.
Heard
learned counsel for the petitioner, Mr.Kharadi and learned APP,
Mr.K.P.Raval, for the State. Mr.Raval has also produced xerox copy
of the school leaving certificate.
The
petitioner is facing the offence under Sec.363, 366, 376 and 114 of
IPC based on the complaint registered with Limdi Police Station
being C.R.No.17 of 2005. The petitioner was arrested on 31-8-2005
and since then he is in judicial custody. It has been mainly argued
by learned counsel for the petitioner that xerox copy of the school
leaving certificate produced by learned APP shows the age of victim
to be above 16 years. He has taken me through the affidavit filed by
the victim wherein she has narrated her age as 19 years. There is
also xerox copy of marriage registration certificate wherein also,
age of the victim is shown as 19 years. It reflects from the papers
that it is a love affair between the petitioner and the victim and
they are legally wedded husband and wife. In view of the above, it
is submitted that the petitioner may be released on bail.
It
is to be noted that age of the victim is above 16 years as per the
xerox copy of the school leaving certificate produced by learned
APP. Moreover, her age is 19 years as per the statement given by the
victim and also as per xerox copy of the marriage registration
certificate. Keeping in mind the above and also that it is a love
affair, keeping in mind the case S.Varadarajan Vs. State of
Madras, reported in AIR 1965 S.C. 942, this petition is required
to be allowed.
This
petition is allowed and he is ordered to be released on bail in
connection with Limdi Police Station being C.R.No.I-17 of 2005 for
the offence alleged against him in this petition on his executing
bond of Rs.5,000/- (Rupees Five Thousand only) with one 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 liberty or abuse liberty;
b)
maintain law and order;
c)
not act in a manner injurious to the interest of the prosecution;
d)
furnish the present and permanent address of residence to the I.O.
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;
e)
mark presence before the concerned Police Station once in a month
more particularly between 1st and 10th of
month between 10.00 a.m. and 2.00 p.m. for six months;
f)not
leave the limit of State of Gujarat without prior permission of the
Court; and
g)
surrender passport, if any, within a week to the lower Court.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(R.P.DHOLAKIA,J.)
radhan/
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