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CR.MA/9483/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9483 of 2010
======================================
JIGNESH
VITTHALBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MRHARSHITSTOLIA
for Applicant(s) : 1
MR MENGDEY APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 23/09/2010
ORAL ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the charge sheet.
The
applicant-accused is charged with having committed offences
under sections 498(A), 306 and 114 of Indian Penal Code, for which,
FIR has been lodged being II-C.R.No.58/2010 at Rajkot Mahila Police
Station.
Learned
advocate Mr. Harshit Tolia for the applicant referred to the First
Information Report and submitted that allegations are of general
nature with regard to the fact that after she was asked to complete
household work, she should have attended a particular work first,
which has led to the incident. He, therefore, submitted that as now
the charge sheet has been filed and other co-accused has been
released on bail, present application may be allowed.
Learned
A.P.P., Mr.Mengdey resisted the application. He referred to the
Dying Declaration and submitted that there is prima facie case.
Having
heard learned advocate Mr.Harshit Tolia for the applicant and
Mr.Mengdey, learned APP and having considered the nature of offence,
role attributed and considering the Dying Declaration and the fact
that now as charge sheet has been filed and other co-accused has
been released on bail, present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with II-C.R.No.58/2010
registered at Rajkot Mahila Police Station on his executing a bond
of Rs.5,000/- (Rupees Five Thousand Only) with one solvent 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 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 interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence on every 1st Monday of every month of English
calender month before concerned Police Station between 11:00 AM to
2:00 PM.
(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.
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.
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 to the aforesaid extent. Direct service permitted.
[RAJESH
H.SHUKLA, J.]
Amit
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