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CR.MA/10073/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10073 of 2011
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MAHESHBHAI
SAMAJIBHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
GIRISH D CHAVDA for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/07/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
counsel appearing for the applicant submitted that investigation
is over and charge sheet is filed. It is further submitted
that even as per the statement of the victim, aged around 17 years
and 4 months, she had admitted her relationship with the accused and
consensual act is converted into crime. It is further submitted
that considering the Medico Legal Certificate dated
09.04.2011 and other attending circumstances, the applicant may be
enlarged on bail by imposing suitable conditions.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the statement of the victim,
aged around 17 years and 4 months, who had admitted her relationship
with the accused and Medico Legal Certificate dated 09.04.2011,
prima facie it appears that a consensual act is converted into
crime. Therefore, considering the overall facts and circumstances
of the case and considering the fact that
charge sheet is filed, 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-25/2011 of Pansina Police Station
for the offences punishable under sections 363, 366, 376 & 114
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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