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CR.MA/12322/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12322 of 2010
=========================================================
MANOJKUMAR
RAMAASAN YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MS
SHALINI S MAIR for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 29/10/2010
ORAL
ORDER
1. The
present application has been filed by the applicant for grant of
regular bail under Section 439 of Code of Criminal Procedure, 1973
after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offence under
Sections 394, 395, 397, 120B of I.P.Code read with Section 25(1) of
Arms Act and Section 135 of B.P. Act for which FIR being C.R.No.
I-175 of 2009 has been registered with Anjar Police Station.
3. Learned
Advocate Ms. Shalini Mair referred to the papers and submitted that
considering the nature of offence and the role attributed, present
application may be allowed as now the charge-sheet has been filed.
4. Learned
APP Ms. M.L.Shah resisted the application stating that there is a
prima facie case. The applicant has used chilly powder for the
offence.
5. Having
heard the learned Advocate Ms. Shalini Mair and learned APP Ms. Shah
and having considered the nature of offence, role attributed and also
considering the fact that charge-sheet is filed, present application
deserves to be allowed subject to the following conditions.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being C.R.No.
I-175 of 2009 registered with Anjar Police Station, 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 with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) 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.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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