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CR.MA/4006/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4006 of 2010
=========================================================
MAHENDRA
GOKUL NISHAD (BHIL) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ROMIL L KODEKAR for
Applicant(s) : 1,
MR.LB DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 14/05/2010
ORAL
ORDER
:
1. Heard
learned Advocate Mr. R. L. Kodekar for the applicant and Mr. L.B.
Dabhi, learned A.P.P. for the respondent state.
2. This
is an application u/s 439 of the Code of Criminal Procedure,
1973 for releasing the applicant on regular bail in connection
with the offence registered as I – CR No. 690 of 2009 at Naroda
Police Station for the offences punishable u/ss 363, 366, 376 and
114 of the I.P. Code.
The
following factors are considered :
i. The
alleged incident occurred on 5-12-2009 at 13-00 hours and First
Information Report came to be lodged on 6-12-2009 at 21-15 hours.
ii. The
age of the victim appears to be 17 years and in her statement she
has stated that the applicant without her consent had committed
intercourse with her several times.
4. In
view of above, the discretion is required to be exercised in favour
of the applicant. Accordingly, the application is allowed and the
applicant is released on regular bail in connection with I – CR
No. 690 of 2009 registered at Naroda Police Station on executing
a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety
for the like amount to the satisfaction of the lower court and the
subject to the conditions that the applicant 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) not
leave the India without the prior permission
of the Sessions Court concerned;
(e) furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior
permission of the Court;
(f) surrender
his passport, if any, to the lower court
within a week.
5. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate
action/step in the matter.
6. Bail
before the lower court having jurisdiction
to try the case.
7. Rule
is made absolute. Direct Service is permitted.
(Bankim
N. Mehta, J.)
/JVSatwara/
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