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CR.MA/464/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 464 of
2011
=========================================================
DINESHBHAI
NATUBHAI NAYAK (TURI BAROT) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VA MANSURI for
Applicant(s) : 1,
MR MR MENGDEY, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/01/2011
ORAL
ORDER
RULE.
Learned APP waives service of notice of rule on behalf of
respondent-State.
1. Learned Counsel for
the petitioner submitted that the petitioner has no criminal
antecedents. The investigation is over and the charge-sheet is also
filed. He, further, pointed out that for the alleged incident of
22.01.2008, the complaint was lodged only on 26.03.2008. He also
drew my attention to the statement of the girl dated 17.09.2010,
wherein she has clearly pointed out that she had resided with the
petitioner as a wife and out of the said co-habitation she has also
given birth to a child.
2. Considering
the above prima facie
aspects of the matter and considering
that the trial is unlikely to complete shortly and since
charge-sheet
is also filed, I find
this is a fit case for granting bail. Under the circumstances, the
petitioner is ordered to be released on bail in connection with C.R.
NO. I-27/2008,
registered with PETLAD
RURAL POLICE STATION,
District : Anand, on his furnishing bond of Rs. 5,000/-(Rupees Five
Thousand), with one surety of the like amount to the satisfaction of
the lower Court and subject to the conditions that, he shall:
(1). not take undue
advantage of his liberty or abuse his liberty;
(2). not act in a
manner injurious to the interest of the prosecution;
(3). maintain law and
order;
(4). mark his presence
before the concerned Police Station on every 1st and 15th
day of English Calendar month between 11:00 a.m. to 2:00 p.m.;
(5). not leave the
State of Gujarat without prior permission of the Sessions Judge
concerned;
(6). 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;
(7). 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.)
Umesh/
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