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CR.MA/10371/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10371 of 2010
=========================================
CHOWLA
RAM UKAJI PRAJAPATI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
CHETAN B RAVAL for
Applicant(s) : 1,
MR SHIVANG SHUKLA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 16/09/2010
ORAL
ORDER
1. The present
application has been filed by the applicant for grant of regular bail
under sec. 439 of the Code of Criminal Procedure.
2. The applicant-accused
is charged with having committed offences under sections 326, 294(B)
of IPC and sec. 135(1) of the Bombay Police Act for which FIR, being
C.R. No. I-183/2010, has been registered with Ishanpur Police
Station.
3. Learned advocate Mr.
Raval referred to the FIR and submitted that the victim has been
discharged from the hospital and the incident occurred all of a
sudden and therefore the present application may be allowed.
4. Learned APP Mr.
Shukla resisted the application, though he confirmed that the victim
is discharged from the hospital and is out of danger and the knife
has been recovered.
5. Having
heard learned advocate Mr. Raval and learned APP Mr. Shukla and
having perused the papers and considering the nature of offence and
the role attributed and also considering the guidelines with regard
to grant of bail, the present application deserves to be allowed.
6. The application is
accordingly allowed. The applicant-accused CHOWLA
RAM UKAJI PRAJAPATI is ordered to be released on
bail in connection with C.R. No. I-183/2010 registered with
Ishanpur Police Station, on his executing a personal bond of Rs.
5,000/- (Rupees Five Thousand only) with one solvent surety for the
like amount to the satisfaction of the lower court and subject to the
further conditions that he shall :
(a) not take undue
advantage of his liberty or abuse his liberty.
(b) not to try to tamper
or pressurize the prosecution witnesses or complainant in any manner;
(c ) not act in any
manner injurious to the interests of the prosecution.
(d) maintain law and
order and should co-operate with the investigating officers;
(e) mark his presence
before the concerned Police Station on the first Monday of every
calendar month between 11.00 am to 2.00 pm till the charge sheet is
filed.
(f) 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 his
residence without prior permission of the court.
(g) surrender his
passport, if any, to the lower court, within a week.
7. If breach of any of
the above conditions is committed, the concerned Sessions Judge will
be free to issue warrant or take appropriate action in the matter.
8. 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.
D.S. permitted.
(Rajesh H.
Shukla, J.)
(hn)
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