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CR.MA/15945/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No.15945 of 2010
=========================================================
MANOJBHAI
KOHYABHAI MISHRA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) : 1,
MR
UTKARSH SHARMA for H.L.PATEL ADVOCATES for the
complainant
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 12/01/2011
ORAL
ORDER
The
applicant of this application seeks regular bail in connection with
criminal complaint bearing C.R.No.I-304 of 2004 registered before
Godhara Town Police Station, Godhra.
Counsel
for the applicant submitted that the applicant is a government
servant. He has no criminal antecedents. He is unlikely to jump the
bail. The allegations pertain to dying declaration recorded against
him many years back. He, therefore, prayed that the applicant be
enlarged on bail.
On
the other hand learned A.P.P. as well as learned Counsel Shri Sharma
for H.L.Patel Advocates appear for the State and the complainant
respectively opposed the bail application contending that
investigation is not yet over and the applicant has allegedly
committed serious offence.
In
so far as bail application is concerned, I do not see any reason to
detain the applicant in custody, particularly when being a
government servant and not having any previous criminal antecedents,
there is no apprehension voiced by the prosecution that he is likely
to jump the bail.
Under
the circumstances, the applicant is ordered to be released on bail
in connection with FIR being C.R.No.I-304 of 2004 registered before
Godhara Town Police Station, Godhra on his furnishing bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like
amount to the satisfaction of the lower court and subject to the
following conditions that he 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 State
of Gujarat without prior permission of the Sessions Judge 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 this Court;
(f) mark presence in
Dahod Police Station on every 1st and 15th day
of English Calendar month between 11:00 am to 2:00 pm;
(g) not enter in the
limit of Godhra District without permission of the trial court,
except to attend the court case;
(h) surrender his
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.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
Sd/-
[AKIL KURESHI, J]
***
Bhavesh*
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