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CR.MA/7834/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7834 of 2010
=====================================================
NAYNESH
VIJAYSINH BACHUSINH RAJPUT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
BS PATEL for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/07/2010
ORAL
ORDER
This
petition is filed under section 439 of the Code of Criminal Procedure
by the applicant who has been arrested in connection with C.R. No. I
– 90 of 2010 filed before the Karelibaug Police Station, for the
offence punishable under sections 307, 323, 114 of the Indian Penal
Code and 135 of the Bombay Police Act.
Mr.
Patel, learned advocate for the applicants submitted that the
applicant is an innocent person and a false case is foisted on him.
It is crystal clear that the applicant is falsely involved in the
commission of the offence. There is no any direct evidence against
him. Considering the submissions aforesaid and role attributed to the
applicant and reflected in the FIR at Annexure ‘A’ to the applicant,
this is a fit case to enlarge the applicant on regular bail.
As
against the aforesaid, learned APP Mr. Jani submitted that
considering the role played by the applicant, no discretionary relief
can be granted to the applicant, and the application deserves to be
dismissed.
Heard
Mr. Abhiraj Trivedi, learned advocate for the complainant.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence ,
the injured, who has been discharged from the hospital and his
presence can be secured, then I am of the opinion that this is a fit
case to grant the regular bail to the applicant. In view of the
above, the applicant is required to be enlarged on regular bail at
this stage on stringent conditions, without entering into the merits
of the case and without discussing the evidence in detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the petition is allowed and
the applicant is ordered to be enlarged on bail in connection with
C.R. No. I – 90 of 2010 filed before the Karelibaug Police Station,
Vadodara on his executing a bond of Rs.10,000/- [Rupees Ten 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 his liberty or abuse his 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 the prior permission of the
Sessions court concerned;
[e]. mark
his presence at the Sayajiganj Police Station on 15th of
each English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. not
to enter in the area of Karelibaug Police Station, Vadodara, till the
trial is over;
(g) furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[h]. maintain
law and order.
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.
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
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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