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Mitesh vs State on 24 June, 2011

Gujarat High Court
Mitesh vs State on 24 June, 2011
Author: Anant S. Dave,
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/7893/2011	 3/ 3	ORDER 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 7893 of 2011
 

In
 

CRIMINAL
MISC.APPLICATION No. 3923 of 2011
 

 
=========================================================


 

MITESH
BHUPENDRABHAI PATEL - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
Appearance : 
MR
CHIRAG B PATEL for
Applicant(s) : 1, 
MR KP RAVAL, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

Date
: 24/06/2011 

 

 
 
ORAL
ORDER

This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.23/2011 with Raopura Police Station, Vadodara for the
offences punishable under Sections 406, 420, 465, 467, 468, 471 and
120B of Indian Penal Code.

Learned
Counsel appearing for the applicant submits that the
charge-sheet is filed; the petitioner is aged around 19 years and
would like to pursue further studies and has no other antecedents.
Further the investigation is over and hence, by imposing suitable
conditions, the applicant may be enlarged on bail.

Heard
learned APP Mr. K.P. Raval for the respondent-State.

Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.

Learned
Counsels for the parties do not press for further reasoned order.

In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.23/2011 with
Raopura Police Station, Vadodara, on executing a bond of Rs.5,000/-
(Rupees Five Thousand Only) with one surety of the like amount to
the satisfaction of the Trial Court and subject to the conditions
that he shall;

a)
not take undue advantage of liberty or misuse liberty;

b)
not act in a manner injurious to the interest of the prosecution;

c)
surrender his passport, if any, to the lower court within a week;

d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;

e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;

f)
furnish the present 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 the residence without prior permission of this
Court;

The
authorities will release the applicant only if not required in
connection with any other offence for the time being.

If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.

Bail
bond to be executed before the lower court having jurisdiction to
try the case.

At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.

Rule
made absolute. Direct Service is permitted.

Sd/-

(Anant
S. Dave, J.)

Caroline

   

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