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CR.MA/5401/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5401 of 2010
=========================================================
MAIJUBEN
@ MAHEJBIN AHMEDSHA FAKIR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YM THAKORE for
Applicant(s) : 1,
MR MAULIK NANAVATI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 25/05/2010
ORAL
ORDER
1. Rule.
Mr. Maulik Nanavati, learned APP waives service of notice of rule for
respondent State.
2. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Kadi Police Station
bearing CR No.I 254 of 2008 for the offence punishable under Sections
376, 506(1) and 114 of the Indian Penal Code.
3. Heard
learned counsel for both the sides. The applicant’s advocate inter
alia submitted that the applicant has been falsely involved in this
case. On the other hand, the learned APP has opposed the application.
4. Looking
to the papers, it is alleged that the present applicant asked the
victim to come with her in market and she went with the present
applicant. It is further alleged that thereupon the main accused
Arifbhail took the victim and committed rape on her several times and
after six months the complaint was lodged and the accused was
arrested. The only allegation against the present applicant is that
she asked the victim to come with her to the market. The applicant is
in jail since 7.5.2010.
5. Having
heard the learned counsel for both the sides, and considering the
facts and circumstances of the case, I am inclined to allow this
application and release the applicant.
6. This
application is allowed. The applicant is ordered to be released on
bail in connection with the offence registered with Kadi Police
Station and bearing CR No.I 254 of 2008 on applicant executing a bond
of Rs.5,000/- (Rupees Five Thousand Only) with one surety of like
amount to the satisfaction of the lower Court and subject to the
conditions that the applicant shall,
(a) not
take undue advantage of or abuse the liberty.
(b) not
act in manner injurious to the interest of the prosecution.
(c) maintain
law and order.
(d) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned.
(e) furnish
the address of her residence at the time of execution of bond and
shall not change the residence without prior permission of the
Sessions Court/this Court.
(f) surrender
her passport, if any, to the lower court within 4 days from the date
of this order.
7. If
breach of any of the above conditions is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(
M.D.Shah, J )
srilatha
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