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CR.MA/617/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 617 of 2011
=======================================================
MANSUKHBHAI
KARSHANBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
MAULIN BAROT for Applicant(s) : 1,
MR KP RAVAL APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 03/02/2011
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 452 and 376 of the Indian Penal Code and under
Sections 3(1) and 3(10)(11) of the S.C. and S.T. Prevention of
Atrocity Act, for which, FIR being I-C.R.No.126/2010 has been lodged
at Halvad Police Station.
Learned
counsel, Mr.Barot for the applicant referred to the FIR as well as
the statements of the complainant-husband as also the medical
evidence and submitted that as stated in the certificate itself that
the victim is married woman and had sex with her husband. He
submitted that manner in which the offence has taken place therefore
cannot be believed or accepted. He further submitted that as now the
investigation is over, the present application may be allowed in
light of the medical evidence.
Learned
A.P.P., Mr.Raval resisted the present application.
Having
heard learned counsel, Mr.Barot appearing for the applicant-accused
and learned A.P.P., Mr.Raval for the State and having considered the
nature of offence, manner in which it is alleged to have been
committed and medical evidence, the Court is of the opinion that the
present application deserves to be allowed in light of the
guidelines with regard to grant of bail.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.126/2010
registered with Halvad 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 the investigating officers.
(e) 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.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
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.
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.
Rule
is made absolute. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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