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CR.MA/1177320/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11773 of
2008
=========================================================
MUKESHBHAI
MAHJIBHAI GOHAIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Applicant(s) : 1,
MR MR MENGDEY ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/10/2008
ORAL
ORDER
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant, who has been arrested in connection with I-C.R. No.124 of
2008 registered with Nadiad Town Police Station, Nadiad for the
offences punishable under Section 365, 366, 376, 466, 468, 384 and
506(2) of the I.P.C. has preferred this application seeking his
release on regular bail.
3. The
allegation against the applicant is that he kidnapped the complainant
and kept her in confinement with an intention to marry her and to
commit sexual intercourse on her against her will and thereby the
applicant committed the offences as stated above.
4. In
view of the fact that the complainant was major at the time of
commission of offence and the manner in which the whole incident has
taken place, this application deserves to be allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with I-C.R. No.124 of 2008 registered
with Nadiad Town Police Station, Nadiad for the offences alleged
against him in this application on his executing personal bond of
Rs.10,000/-(Rupees Ten Thousand Only)with one 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 misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
his presence before the concerned Police Station on 1st
Monday of every month between 9:00 a.m. And 2:00 p.m;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of his residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
his passport, if any, to the Lower Court, within a week,
[h] not
enter into the limits of village Davoliyapura pending trial.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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