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CR.MA/8841/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8841 of 2011
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JUSAB
SUMAAR MOKHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
EE SAIYED for Applicant(s) : 1,MRNASIRMSAIYED for Applicant(s) :
1,
MS ML SHAH APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/07/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submits that investigation
is over and charge sheet is filed. It is further submitted that the
version of the victim does not inspire confidence. It is
further submitted that considering the nature of
allegations and role attributed to the applicant, by imposing
suitable conditions, the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case, including the version of the victim and statement recorded by
the Executive Magistrate and other attending circumstances, without
discussing the evidence in detail, at this stage, I am inclined to
enlarge the applicant on bail in connection with C.R.No.I-76/2011
of Bhuj Taluka Police Station for the offences punishable under
sections 452, 376, 504 & 506(2) of the Indian Penal Code, on
furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one
surety of the like amount to the satisfaction of the lower Court and
on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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