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CR.MA/12136/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12136 of 2010
=======================================================
MUKESH
@ BARELO RAMJIBHAI AGRAWAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
HEMANT B RAVAL for Applicant(s) : 1,
MS MINI NAIR APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 18/10/2010
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 395, 397 and
412 of the Indian Penal Code and under Section 135 of the Bombay
Police Act, for which, FIR being I-C.R.No.66/2009 has been lodged at
Bechraji Police Station.
Learned counsel, Mr.Raval for the
applicant-accused referred to the FIR and other papers and submitted
that considering the nature of offence and as now the chargesheet
has been filed, the present application may be allowed.
Learned A.P.P., Ms.Nair resisted
the present application and submitted that there are antecedents and
two other cases are registered against him.
Having heard learned counsel
appearing for the applicant-accused and learned A.P.P. for the State
and considering the nature of offence, role attributed and also
considering the fact that the chargesheet has now been filed, the
present application deserves to be allowed.
Accordingly, present application
stands allowed. The applicant is ordered to be released on regular
bail in connection with I-C.R.No.66/2009 registered with Bechraji
Police Station, District : Mehsana 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 to the
aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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