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CR.MA/13708/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13708 of 2010
=============================================
BODAT
MUKESHKUMAR LALJIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR
HB CHAMPAVAT for MR RJ GOSWAMI for Applicant.
MR
KARTIK PANDYA ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 16/11/2010
ORAL
ORDER
Rule.
Mr. Kartik Pandya, learned APP, waives service of notice of Rule for
respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-77 of 2010 with Bhiloda Police Station, for the offences
punishable under Sections Sections 376, 323 and 506(2) of Indian
Penal Code.
Mr.
H.B. Champavat, learned advocate for the applicant submits that
alleged incident took place out of love affair and there was consent
of the prosecutorix. It is further submitted that even statement of
the victim and other attending circumstances would go to show that
the applicant is falsely implicated for the offences alleged and by
imposing suitable conditions the applicant be enlarged on bail.
Heard
Mr. Kartik Pandya, learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and looking to the fact that, I am inclined to enlarge the
applicant on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with first information report registered at CR No.I-77 of 2010 with
Bhiloda Police Station, on executing bond of Rs.10,000/- (Rupees Ten
Thousand only) each with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
they shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10.00 a.m. and 3.00 p.m. for three months
only;
furnish
the present address of residences 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;
The
Authorities will release the applicant only if he is not required
in connection with any other offence for the time being.
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
bond to be executed before the lower court having jurisdiction to
try the case.
At
the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
[ANANT
S. DAVE, J.]
//smita//
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