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CR.MA/4053/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4053 of 2008
=========================================================
JITENDRA
@ BHARATBHAI AMBABHAI DABHI - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
HARSHIT S TOLIA for the Applicant.
MS
M.S.PANCHAL, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 31/03/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Ms.M.S.Panchal waives
service of notice of Rule for the respondent-State.
2. This
application has been preferred for regular bail, under Section 439 of
the Code of Criminal Procedure,1973 in connection with the offence
registered with Botad Police Station bearing C.R.No.I ? 28 of 2008
for the offences punishable under Sections 363, 366 and 376 of the
Indian Penal Code.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, gravity of the offence, quantum of
punishment, the manner in which the applicant is involved in the
offence, as per the allegations of the prosecution, looking to the
statement of the prosecutrix coupled with the fact that the
investigation is already over and charge-sheet is filed and also
keeping in mind the fact that there is no antecedent of the present
applicant, this application is allowed. The applicant is
ordered to be released on bail in connection with the offence
registered with Botad Police Station bearing C.R.No.I ?
28 of 2008, on his executing a bond of Rs.5,000/- (Rupees Five
Thousands only) with one surety of 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 act in a manner injurious to
the interest of the prosecution;
(c) maintain law and order;
(d) shall mark his presence before
Botad Police Station on every first day of English Calendar month
between 9.00 a.m. to 2.00 p.m.;
(e) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
(f) 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;
(g) surrender his passport, if any,
to the lower Court within a week.
4. If breach of any of the above
conditions is committed, the Sessions Judge
concerned will be free to issue warrant or
to take appropriate action in the matter.
5. Bail before the lower Court having
jurisdiction to try the case.
6. Rule
is made absolute. Direct service permitted.
(D.N.PATEL,J)
*dipti
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