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CR.MA/11271/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11271 of 2010
=======================================================
KETANKUMAR
KANTIBHAI GALCHAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
ANKIT Y BACHANI for Applicant(s) : 1,
MS MINI NAIR APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 01/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail.
The
applicant-accused is charged with having committed offences
under Sections 406, 419, 420, 465, 467, 468, 471 and 120(B) of the
Indian Penal Code, for which, FIR being I-C.R.No.194/2010 has been
lodged at Patan City Police Station.
Learned
counsel, Mr.Bachani for the applicant referred to the FIR and
submitted that he is not involved in opening of bogus bank account
and he is stated to have made phone calls for the scheme. He,
therefore, submitted that as the remand is already over, the present
application may be allowed.
Learned
A.P.P., Ms.Mini Nair resisted the present application and submitted
that other co-accused are yet to be arrested.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and having considered the nature of
offence and role attributed, the present application deserves to be
allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.194/2010
registered with Patan City Police Station, District : Patan 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) 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.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till filing of the
chargesheet.
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.)
/patil
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